Citation : 2022 Latest Caselaw 170 Chatt
Judgement Date : 10 January, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No. 611 of 2019
Gopal Prasad Vs. Ganpat & others
10.01.2022 Ms. Anuja Sharma, counsel for the appellant.
Ms. Anjali Singh Chouhan, Panel Lawyer for the State/ respondent
Learned counsel for the appellant would submit that they have filed
application under Order 26 Rule 9 of the C.P.C. to decide issue No. 1, which
was rejected by the learned trial Court without considering its importance as
there was disputed factual matrix with regard to identification of the suit
property.
When specific query is posed to learned counsel for the appellant
what is parameters to consider application under Order 26 Rule 9 of the
C.P.C. as held by Hon'ble the Supreme Court or various High Courts in this
regard, she would submit that she may be given two weeks time to make
submission supported by judgment of Hon'ble the Supreme Court or various
High Courts.
Prayer seems to be just and proper.
List this case after two weeks.
Sd/-
(Narendra Kumar Vyas) Judge
Arun
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