Trilok Sidara vs Lalita Bai
2021 Latest Caselaw 1360 Chatt

Citation : 2021 Latest Caselaw 1360 Chatt
Judgement Date : 26 July, 2021

Chattisgarh High Court

Trilok Sidara vs Lalita Bai on 26 July, 2021

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                             C.R. No. 22 of 2021

Trilok Sidara, S/o. Atal Ram Sidara, aged about 58 years, R/o. Near Manohar
Talkies, Juna Bilaspur, District Bilaspur Chhattisgarh.
                                                               ---- Applicant

                                    Versus

1.    Lalita Bai, W/o. Late Harichandra Chouhan, aged about 58 years, R/o. Village
      Parsada, Tehsil and District Bilaspur (Chhattisgarh)

2.    State of Chhattisgarh, Through : Collector, Bilaspur, District Bilaspur
      Chhattisgarh.

                                                                ---- Respondents

Mr. Manoj Paranjpe, counsel for the applicant. 26/07/2021 Ms. Hamida Siddiqui, Dy.A.G. for the State. Heard.

This petition has been filed being aggrieved by the order dated 12.07.2021, passed in Execution Case No.14-A/2018, whereby the objection of the respondent No.1 has been allowed and the execution proceeding have been closed on the ground that time limit stipulated in the decree for specific performance of contract has expired.

Learned counsel for the applicant submits, that the learned execution Court has the power to grant extension regarding which, reliance has been placed on the judgment of Madhya Pradesh High Court in case of Geeta Bai & Ors. Vs. Sunil Kumar & Ors, reported in 2018 (3) MPLJ 400 and on the judgment of Kerla High Court in case of Chitambharan Ponnappan Vs. Viswabaram & Anr., reported in AIR 2001 Kerla 205.

It is also submitted that the interest of the applicant be protected, for which, separate application for grant of interim relief to restrain/alienation of suit property is also filed.

Notice be issued to the respondent No.1. Process fee as per rules.

Notice be made returnable within four weeks. Learned State counsel accepts notice on behalf of respondent No.2.

List this case after four weeks.

In the meanwhile, the respondent No.1 is directed not to alienate the suit property or to create any third party interest, with respect to the suit property, till the next date of hearing.

Sd/-

(Rajendra Chandra Singh Samant) Judge

balram