Vijay Kumar Soni vs Smt. Shanti Soni
2022 Latest Caselaw 4620 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                                FA No. 11 of 2021
                Vijay Kumar Soni Versus Smt. Shanti Soni & Ors.
                                     along-with
                                FA No. 25 of 2021
Smt. Shanti Devi Samanani & Ors Versus Santosh Kumar Soni, Since Died & Ors




   20.07.2022                               FA No. 11 of 2021
                       Mr. Anand Shukla and Mr. Waqaur Naiyer, Counsel for the
                appellant.
                       Mr. Ashok Soni, Counsel for respondents No.1, 2, 7 to 10 &

Mr. Hemant Gupta, Counsel for respondents No. 22, 23 and

Mr. Devesh Verma, GA for the respondent/State. Perusal of the service report shows that respondents No.3, 19, 27 & 28 are still unserved.

Learned counsel for the appellant submits that as per the

judgment and decree passed by the learned Court below, execution

proceeding has been initiated before the Tahsildar, therefore,

partition between the parties will further rise to multiplicity of the suit.

He referred to the document filed before the Nagar Panchayat,

Gaurela.

Issue fresh notice to the aforesaid unserved respondents on

payment of PF, as per rules. List this case thereafter.

In the meanwhile, status quo in respect of the subject property

shall be maintained by both the parties till the next date of hearing to

avoid multiplicity of the further suits.

FA No. 25 of 2021

Mr. Hemant Gupta, Counsel for the appellants. Mr. Ashok Soni, Counsel for respondents No.1 (A), 1 (B), 2 to 5 & 8.

Mr. Devesh Verma, GA for the respondent/State. Perusal of the office report shows that respondents 9, 10, 12,

13 (C), 15, 17 & 18 are reported to be unserved.

Issue fresh notice to the aforesaid respondents on payment of

PF, as per rules.

List this case thereafter.

In the meanwhile, status quo in respect of the subject property shall be maintained by both the parties till the next date of hearing to avoid multiplicity of the further suits.

                    Sd/-                                   Sd/-

           (Goutam Bhaduri)                       (Deepak Kumar Tiwari)
                Judge                                    Judge

Ajay