Sarita Dubey vs Kamlesh Kumar
2022 Latest Caselaw 1762 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                   Writ Petition (Civil) No.1484 of 2022

1. Sarita Dubey W/o Late Shri Krishna Kumar Aged About 58 Years R/o Plot No.
   4522, Gulmohar Lane, Kalyan Bagh, In Front Of Smriti Van, Rajkishore Nagar,
   Bilaspur, Chhattisgarh

2. Satyendra Dubey S/o Late Shree Krishna Kumar Aged About 29 Years R/o
   Plot No. 4522, Gulmohar Lane, Kalyan Bagh, In Front Of Smriti Van,
   Rajkishore Nagar, Bilaspur, Chhattisgarh

3. Pratiksha Dubey D/o Late Shree Krishna Kumar Aged About 39 Years R/o
   Plot No. 4522, Gulmohar Lane, Kalyan Bagh, In Front Of Smriti Van,
   Rajkishore Nagar, Bilaspur, Chhattisgarh

                                                                     ---- Petitioner

                                      Versus

1. Kamlesh Kumar S/o Radheshyam Alias Moolchand Aged About 45 Years R/o
   Village Sarsiwa, Tehsil Bilaigarh, District Baloda Bazar, Chhattisgarh

2. Vipin Kumar S/o Radheshyam Alias Moolchand Aged About 38 Years R/o
   Village Sarsiwa, Tehsil Bilaigarh, District Baloda Bazar, Chhattisgarh

3. Pratibha Bai D/o Radheshyam Alias Moolchand Aged About 42 Years R/o
   Village Sarsiwa, Tehsil Bilaigarh, District Baloda Bazar, Chhattisgarh

4. Shubham Dubey S/o Kamlesh Dubey Aged About 27 Years R/o Village
   Sarsiwa, Tehsil Bilaigarh, District Baloda Bazar, Chhattisgarh

5. Nelu Agrawal W/o Saurav Agrawal Aged About 28 Years R/o Village Sarsiwa,
   Tehsil Bilaigarh, District Baloda Bazar, Chhattisgarh

6. Naib Tehsildar, Tehsil Bilaigarh, R.I. Circle Bhatgaon, District Baloda Bazar,
   Chhattisgarh

7. State   Of   Chhattisgarh    Through    Collector,   District    Baloda   Bazar,
   Chhattisgarh

                                                                   ---- Respondents

Mr. A.K. Samantray, counsel for the petitioners. 31/03/2022 Mr. P. Acharya, Panel Lawyer for the State/respondent No.07.

Heard on petition and also on I.A. No.01/2022, an application for grant of interim relief.

It is submitted by the learned counsel for the petitioners that the petitioners are challenging the impugned order passed by the Naib Tehsildar directing the Patwari to make preparation for partition as per the judgment of the Civil Court. It is submitted that the judgment of the Civil Court is under challenge and at present second Appeal is pending before the High Court. Therefore, the impugned order is not sustainable and it is prayed that interim relief may be granted.

Learned State counsel opposes the submissions and submits that the respondent No.6/Naib Tehsildar is complying with the oder passed by the Civil Court, therefore, there is no infirmity with the impugned order.

After considering on the submissions, it is ordered that the partition as ordered by the impugned order shall remain stayed until the next date of hearing.

Notice shall be issued to the private respondents on petition and also on application for interim relief.

Process fee shall be paid as per rules.

List this case after 04 weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge Monika