Netram Soni vs Kundan Lal Yadav
2022 Latest Caselaw 3914 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet

                                                  MA No. 50 of 2022

                Netram Soni S/o Late Shri Barat Ram Soni, Aged About 55 Years R/o Near
                 Sindhi Gurudwara, Rani Road, Purani Basti Korba, Tahsil Korba, tehsil &
                 District Korba                                            ----Appellant

                                                     Versus

              1. Kundan Lal Yadav S/o Babulal Yadav Aged About 28 Years R/o House No.
                 195 Ward No.04, Dhobipara, Purani Basti Korba, Tehsil Korba, tehsil &
                 District Korba.

              2. Municipal Corporation Korba Through Commissioner, Municipal Corporation
                 Korba, District Korba.

              3. State Of Chhattisgarh Through - Collector,, District : Korba, Chhattisgarh

              4. General Public (Whomsoever It May Concern) Nill

              5. Narsingh Prasad Nishad Through - Lrs

                  5- A. Smt. Santara Devi W/o Late Narsingh Prasad Nishad Aged About 57
                  Years R/o near old ice factory, dhopbipara, purani basti, ward no.6, Korba,
                  tehsil and District-Korba(C.G.)                             --Respondents

21.06.2022 Shri Sanjay Patel, counsel for the Appellant.

Ms. Richa Dwivedi appears on behalf of Shri Pankaj Agrawal, counsel for Respondent No.2.

Shri Sanjeev Kumar Agrawal, P.L. for the State/Respondent No.3.

Heard on admission.

Issue notice to Respondents No. 1 and 5-A only, on payment of P.F., as per rules.

Also heard on I.A. No.01/2022, an application for grant of interim relief.

Learned counsel for the Appellant submits that the lower Appellate Court merely by allowing the application filed under Order 41 Rule 27 read with Section 151 of C.P.C., by plaintiff/Respondent No.1 seeking production of additional documentary evidence on record, has set aside the judgment and decree dated 29.04.2017 passed by First Civil Judge, Class-1, Korba, District-Korba in Civil Suit No. 44A/2014 and remanded the matter for its fresh trial. While referring to Rule 28 of Order 41 of C.P.C., it is contended further that the approach of the Court below as such is apparently contrary to law and prays for staying the further proceedings of the concerned trial Court which has been initiated in pursuance of the impugned judgment dated 14.03.2022.

Let notice be issued on this application also to the said Respondents, as above.

Meanwhile, purely as an interim measure, It is directed that the further proceedings of the suit being Civil Suit No. 44A/2014 "Kundan Lal Yadav Vs. Nagar Palik Nigam Korba and others" pending before First Civil Judge, Class-1, Korba, District- Korba initiated in pursuance of the impugned judgment shall be kept in abeyance, till the next date of hearing.

Post this matter after 5 weeks for consideration on admission as well as on I.A. No.01/2022.

Sd/-

(Sanjay S. Agrawal) JUDGE

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