Bhushan Prasad Sahu vs Deepchand Parakh (Dead) Through ...
2021 Latest Caselaw 2496 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                               W.P.(227) No.487 of 2021

Bhushan Prasad Sahu S/o Of Shri Radheshyam Sahu Aged About 48 Years R/o
Gokulpuri, Ward- Dhamtari, Tahsil- Dhamtari, District - Dhamtari (Chhattisgarh)


                                                                        ---- Petitioner
                                  Versus
   1. Deepchand Parakh (Dead) Through Lrs.
      1-A Ashok Kumar Jain S/o Late Deepchand Jain Aged About 58 Years
      1-B Sourav Parakh S/o Shri Kishore Parakh Aged About 21 Years
      1-C Rahul Parakh S/o Shri Raj Kumar Parakh Aged About 20 Years
      1-D Siddharth Parakh S/o Shri Raj Kumar Parakh Aged About 18 Years
      [respondents No.1A-1D are resident Of Itwari Bazar, Dhamtari, Tahsil And

District - Dhamtari (Chhattisgarh)]

2. Lokhnath Sahu S/o Shri Bhaiyaram Sahu R/o Gokulpur, Ward Dhamtari, District - Dhamtari (Chhattisgarh)

3. State Of Chhattisgarh Through The Collector, Dhamtari, District - Dhamtari (Chhattisgarh)

---- Respondents

Mr. R.S. Patel, counsel for the petitioner. 22/09/2021 Mr. Sameer Oraon, G.A. for the State/respondent No.03.

Heard on petition and also on I.A. No.01 and application for grant of interim relief.

It is submitted that there is a decree in favour of respondent No.1A- 1D against respondent No.02. The respondent No.1 A- 1 D have filed Execution Case which has been filed for execution of decree for specific performance of contract of sale. The petitioner is in possession of the suit property and the respondent No.02, the judgment debtor has no title on the same. Therefore, the application was filed under Order 21 Rule 99 read with Section 101 of C.P.C. which has been rejected by the impugned order dated 13.03.2020 without giving consideration.

After considering on the submissions, it is ordered that the notice shall be issued to respondent No.01 and 02.

Learned State counsel accepts notice for respondent No.03. P.F. as per rules.

In the meanwhile, it is ordered that the Execution proceeding before the Court below shall remain stayed till the next date of hearing.

List this case after 04 weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika