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2025 DAILYLAW 7719 (CHH)

GHANSHYAM v. RUPRANJAN

WP227/124/2024 · 2025-07-09

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:31968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 124 of 2024 1 - Ghanshyam Son Of Late Keval Prasad Aged About 67 Years Resident Of Akaltara, Near Railway Station, Tahsil Akaltara, District Janjgir-Champa, C.G. ... Petitioner(s) versus 1 - Rupranjan S/o Lt. Gajadhar Aged About 68 Years Resident Of Banari, P.S. And Tahsil Janjgir, District Janjgir- Champa, C.G. 2 - Subhash Son Of Ghanshyam Aged About 37 Years Resident Of Village Akaltara Near Railway Station Akaltara, Tahsil Akaltara, Dist. Janjgir-Champa, C.G. 3 - Padmini Daughter Of Ghanshyam Aged About 34 Years Resident Of Village Akaltara Near Railway Station Akaltara, Tahsil Akaltara, Dist. Janjgir-Champa, C.G. 4 - Minakshi Daughter Of Ghanshyam Aged About 31 Years Resident Of Village Akaltara Near Railway Station Akaltara, Tahsil Akaltara, Dist. Janjgir-Champa, C.G. 5 - Deepmala Daughter Of Ghanshyam Aged About 28 Years Resident Of Village Akaltara Near Railway Station Akaltara, Tahsil Akaltara, Dist. Janjgir-Champa, C.G. 6 - Ved Kumar Alias Ved Prasad Son Of Lt. Harnarayan Resident Of Village Banari, Tahsil And Ps Janjgir, District Janjgir-Champa, C.G. 7 - Vijay Kumar S/o Badri Prasad Resident Of Village Banari, Tahsil And Ps Janjgir, District Janjgir-Champa, C.G. 8 - Vinay Kumar S/o Badri Prasad Resident Of Village Banari, Tahsil 2 And Ps Janjgir, District Janjgir-Champa, C.G. 9 - Vikas Kumar S/o Badri Prasad Resident Of Village Banari, Tahsil And Ps Janjgir, District Janjgir-Champa, C.G. 10 - State Of Chhattisgarh Through The Collector, Janjgir, Dist. Janjgir- Champa, C.G. ... Respondent(s) For Petitioner : Mr. V.K. Pandey, Adv. For Respondent No. 1 : Mr. Sajal Gupta, Adv. on behalf of] Mr. Dhirendra Mishra, Adv. For State : Mr. Lav Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 10-07-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 This Hon'ble Court may kindly be pleased to issue notices to the respondents returnable within early date of hearing. 10.2 This Hon'ble Court may kindly be pleased to set-aside the impugned dated 31.03.2023 (Annexure P-1), passed in execution case no. 38- A/1996. 10.3 This Hon'ble Court may kindly be pleased to direct the learned trial court to decide the civil suit vide its civil suit no. 22-A/ 2019 parties being Rupranjan vs Ghanshyam and others within stipulated period. 10.4 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which deemed fit & proper in the facts & circumstances of the case, in the interest of justice. 10.5 Cost of the petition. 2) Learned counsel for the petitioner submits that earlier respondent No. 1 [plaintiff] filed civil suit which was decreed in favor of 3 petitioner [defendant No. 1]. Thereafter, petitioner moved execution application and during pendency of which, respondent No. 1 filed fresh civil suit [Civil Suit No. 22A/2019] for same cause of action and on same set of facts and circumstances. He further submits that though the suit was not maintainable but at this stage he is only seeking a direction to the learned First Civil Judge, Class–I , Janjgir Champa to expedite the proceeding of suit as it remains pending since 2019. 3) No objection from other side. 4) Taking into consideration the limited prayer made by Mr. Pandey, this petition at this juncture is hereby being disposed of directing the concerned Court below to make all endeavors and conclude the proceeding of pending Civil Suit No. 22A/2019 expeditiously, preferably within period of 150 days from today. 5) With the aforesaid direction, this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.11 13:15:42 +0530