Extracted from the PDF above. The PDF is authoritative.
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CGHC010321072026
2026:CGHC:37011
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 766 of 2026 Dilip Sahu S/o Ram Krishna Sahu Aged About 29 Years R/o Village Kirwai, Tehsil Simga, District Baloda Bazar, Through Power Of Attorney Hemlal Sahu S/o Late Ram Krishna Sahu R/o Village Kirwai, Tehsil Simga, District Baloda Bazar C.G.
... Petitioner(s) versus 1 - Kamal Prasad Kasar S/o Kanhaiya Lal Kasar Aged About 59 Years R/o Near Akhade, Sati, Bazar Raipur District Raipur C.G. 2 - Jairam Dubey S/o Shri Keshav Prasad Dubey Aged About 32 Years R/o Kankalipara Raipur Tehsil And District Raipur C.G. Other Address- Rajdhani Photocopy Janta Colony Behind Balaji Mandir Gudiyari
Raipur
Tehsil
And
District
Raipur
C.G. 3 - State Of Chhattisgarh Through The Collector, District Baloda, Bazar Bhatapara C.G.
... Respondent(s) (Cause title taken from CIS) This is an O4ce reference. For Petitioner(s) : Shri T.K. Jha, Senior Advocate along with Shri Bhaskar Jha, Advocate For Respondent/State : Shri Suyashdhar Badgaiya, Govt. Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.19 17:33:24 +0530
2 Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 19.08.2026
1. This is an o4ce reference based on a PUD received from the concerned Court seeking extension of time for compliance with the directions issued by this Court in M.A. No. 20/2022 (Dilip Sahu v. Kamal Prasad Kasar & Others).
2. It is stated that this Court vide order dated 08.04.2026,
directed the concerned Trial Court to decide the application under Order IX Rule 13 of the Code of Civil Procedure in Miscellaneous Civil Suit Case No. H-44/2017 (Dilip Sahu v. Kamal Prasad Kasar) within a period of 30 days from the date of appearance of the parties.
3. It is further stated that, pursuant to the aforesaid order, the non-applicant Jairam Dubey did not appear on the date Dxed and notice was accordingly issued. Thereafter, on 15.07.2026, the learned counsel appearing for non-applicant Jairam Dubey entered appearance, whereas no counsel appeared on behalf of the State of Chhattisgarh and, consequently, ex parte proceedings were drawn against the State.
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4. It is submitted that the record of the concerned proceedings is required for proper and eFective adjudication of the application under Order IX Rule 13 CPC. However, owing to the circumstances stated by the learned Trial Court, the application could not be decided within the period of 30 days prescribed by this Court.
5. Considering the reasons assigned by the learned Trial Court and the stage of the proceedings, the request for extension of time appears to be bona Dde and deserves to be allowed.
6. Accordingly, a further period of 30 days from the date of this
order is granted to the learned Trial Court for compliance with the directions contained in the order dated 08.04.2026 and for disposal of the application under Order IX Rule 13 CPC in Miscellaneous Civil Suit Case No. H-44/2017 (Dilip Sahu v. Kamal Prasad Kasar).
7. With the aforesaid extension of time, the MCC stands
disposed of. Sd/-
(Bibhu Datta Guru) Judge Shoaib