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2025 DAILYLAW 9114 (CHH)

MADAN GOPAL v. KESHAV PRASAD

WP227/161/2025 · 2025-02-19

Shri Rakesh Mohan Pandey

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:8516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 161 of 2025  Madan Gopal S/o Late Ramu Ram Dewangan Aged About 53 Years R/o Chakradharnagar, Banglapara, Raigarh, Tehsil And District Raigarh, Chhattisgarh. --- (Plaintiff) ... Petitioner(s) versus 1. Keshav Prasad S/o Late Ramu Ram Dewangan Aged About 63 Years R/o Palace Road, Koshtapara, Raigarh, Tehsil And District Raigarh Chhattisgarh. --- (Defendent No. 1) 2. Dhanurjay S/o Late Ramu Ram Dewangan Aged About 50 Years R/o Palace Road, Koshtapara, Raigarh, Tehsil And District Raigarh Chhattisgarh. --- (Defendent No. 2) 3. Surendra S/o Late Ramu Ram Dewangan Aged About 48 Years R/o Palace Road, Koshtapara, Raigarh, Tehsil And District Raigarh Chhattisgarh. --- (Defendent No. 1) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Sanjay Patel, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19. 02.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction, directing the learned Execution court/ First Civil Judge Kanishta Shreni (Junior Grade), Raigarh, district Raigarh, CG to execute the decree dated 15/01/2018 passed by First District Judge, Raigarh district Raigah CG in favour of the SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.02.19 15:33:40 +0530 2 Petitioner/Plaintiff in Civil Appeal No. 61/2016, CG to expedite the proceedings Civil Execution case No. 15/2018 and complete the proceedings within a given time, in the interest of justice. 10.2 This Hon’ble Court may kindly be pleased to pass any other orders / directions deem fit and proper under the facts and circumstances of case.” 2. Learned counsel for the petitioner/decree holder would submit that a decree was passed in favour of the petitioner/plaintiff on 15.01.2018 by the learned First District Judge, Raigarh. He would further submit that an application for execution was moved before the learned Executing Court on 20.09.2018, but there is no substantial progress. He would pray that a direction may be issued to the learned Executing Court to conclude the proceedings at the earliest in light of the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah vs. Jitendra Kumar Gandhi and others, 2021 (6) SCC 418. 3. Having considered the limited prayer made by Mr. Patel, the instant petition is disposed of with a direction to the learned Executing Court to make all endeavours to conclude the execution proceedings keeping in mind the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah (supra). 4. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of.Sd Sd/- (Rakesh Mohan Pandey) Judge $iddhant