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2026 DAILYLAW 1311 (CHH)

DILESHWARI v. SHEELA VALTAR

WP227/101/2026 · 2026-01-27

Shri Sachin Singh Rajput

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 101 of 2026 1 - Dileshwari W/o Late Vijay Valtar Aged About 40 Years Caste Kanwar, R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 2 - Virendra Valtar S/o Late Vijay Valtar Aged About 17 Years Minor Through Legal Natural Guardian Mother Dileshwari, W/o Late Vijay Valtar, Caste Kanwar, R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 3 - Flori Valtar D/o Late Vijay Valtar Aged About 15 Years Minor Through Legal Natural Guardian Mother Dileshwari, W/o Late Vijay Valtar, Caste Kanwar, R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. ... Petitioner(s) versus 1 - Sheela Valtar W/o Late Vijay Valtar Aged About 52 Years R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 2 - Smita Valtar D/o Late Vijay Valtar Aged About 33 Years R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 3 - Susmita Valtar D/o Late Vijay Valtar Aged About 32 Years R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 4 - Savita Valtar D/o Late Vijay Valtar Aged About 30 Years R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 5 - Shalini Valtar D/o Late Vijay Valtar Aged About 27 Years R/o Village Marwahi, P.S. And Tahsil Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 6 - Block Health Officer Marwahi, Community Health Centre, Marwahi, Distt. Gourela Pendra Marwahi, Chhattisgarh. 7 - State Of Chhattisgarh Through Collector, Distt. Gourela Pendra Marwahi, Chhattisgarh. ... Respondent(s) PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2026.01.29 15:46:39 +0530 2 For Petitioner(s) : Mr. Pradeep Kumar Jogi, Advocate For State / Respondent No. 7 : Mr. Vivek Siddharth Ojha, PL Hon’ble Shri Justice Sachin Singh Rajput Order on Board 28/01/2026 The petitioner has filed the present petition seeking a direction to the learned concerned Civil Judge to decide the pending Succession Case No. 07/2025 expeditiously. 2. Learned counsel for the petitioners submits that on 26.06.2025, the petitioners filed an application under Section 372 of the Indian Succession Act before the learned 1st Civil Judge, Senior Division, Pendra, District Bilaspur (C.G.), seeking declaration as successors of the deceased Vijay Valtar, release of the deposited amount belonging to the deceased, and grant of other consequential benefits. The said application was registered as Succession Case No. 07/2025. It is further submitted that despite the lapse of considerable time, the proceedings have neither been completed nor finalized till date, causing undue mental harassment to the petitioners. The learned trial Court has only issued directions for examination of the defendants; however, due to repeated adjournments sought by the defendants for their appearance, the matter has been unnecessarily delayed. Learned counsel contends that such delay is contrary to the settled principles of law and defeats the very purpose of summary proceedings under the Indian Succession Act. Therefore, the petitioners seek a direction to the 3 learned concerned Court to decide Succession Case No. 07/2025 expeditiously, preferably within a stipulated time frame. 3. From the documents on record, it is apparent that Succession Case No. 07/2025 was instituted on 26.06.2025. The concerned Court has already commenced proceedings in the matter, and it has been filed only about six months prior before the learned Civil Court. In view of the aforesaid facts, this Court is not inclined to issue any direction which may unnecessarily fetter or constrain the learned trial Court in the discharge of its judicial duties. 4. Accordingly, the relief sought for by the petitioner cannot be granted and the petition is hereby dismissed. 5. All pending applications, if any, shall stands disposed of. Sd/- (Sachin Singh Rajput) JUDGE Pawan