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2026 DAILYLAW 32414 (CHH)

LALARAM v. KAMAL PRASAD KASAR

MCC/768/2026 · 2026-08-18

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010321102026 2026:CGHC:37013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 768 of 2026 Lalaram S/o Tirith Ram Sahu Aged About 34 Years R/o Village Kirwai, Tehsil Simga, District Baloda Bazar, Through Power Of Attorney Tirith Ram Sahu S/o Bodhan Sahu, Aged About 61, Years, 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 Address- Rajdhani Photocopy, Janta, Colony Behind Balaji Mandir, Gudiyari, Raipur 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 O6ce 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 17:33:23 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 19.08.2026 1. This is an o6ce 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. 16/2022 (Lalaram 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-42/2017 (Lalaram 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. 3 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-42/2017 (Lalaram v. Kamal Prasad Kasar). 7. With the aforesaid extension of time, the MCC stands disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib