Arjun Verma vs Turatman
2022 Latest Caselaw 6607 Chatt

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                                                              NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

                     WP227 No. 674 of 2022

1. Arjun Verma, S/o Sarju Verma, Aged About 55 Years, R/o
   Kusumghata, P.O. Podi, P.S. and Tahsil Bodla, District
   Kabirdham, Chhattisgarh.

2. Smt. Bharti Verma, W/o Arjun Verma Aged About 48 Years R/o
   Kusumghata, P.O Podi, P.S. And Tahsil Bodla, District
   Kabirdham Chhattisgarh.                    ---- Petitioners

                            Versus

1. Turatman, S/o Late Manna Lal Soni, Aged About 62 Years,
   Occupation- Agriculture, R/o Gandai, Post Office Podi, P.S.
   Tahsil Bodla, District Kabirdham, Chhattisgarh.

2. Satyabhama Soni, S/o Late Panna Lal Soni, Aged About 57
   Years, R/o Pipariya, P.S. and Post Office Pipariya, P.S. and Post
   Office, Pipariya, Presently R/o Saroj Bhawan Kudrapara,
   Gudiyari, Raipur, District Raipur Chhattisgarh.

3. Urmila Soni, D/o Late Panna Lal Soni, Aged About 65 Years, R/o
   Sukatpara Mungeli, Post and P.S. Mungeli, District Mungeli,
   Chhattisgarh.

4. Shitla Soni, D/o Late Panna Lal Soni, Aged About 61 Years, R/o
   Infront of Swaroop Talkies Durg, District Durg Chhattisgarh.

5. Maya Soni D/o Late Panna Lal Soni Aged About 59 Years R/o
   Prem Nagar Gudiyari Raipur District Raipur Chhattisgarh.

6. Arundhati Soni D/o Late Panna Lal Soni Aged About 57 Years R/
   o Shiv Vihar Colony Raipur, District Raipur Chhattisgarh.

7. Kasturi Soni D/o Late Panna Lal Soni Aged About 63 Years R/o
   Professor Colony Raipur, District Raipur Chhattisgarh.

8. Savitri Soni Wd/o Lae Ratan Lal Soni Aged About 75 Years,

9. Lallu Soni S/o Late Ratan Lal Soni Aged About 57 Years,

   Both are R/o Old Kachahri Para, Kawardha, P.S. and Tahsil
   Kawardha, District Kabirdham Chhattisgarh.

10. Sulochna Soni D/o Ratan Lal Soni Aged About 55 Years R/o
   Subhwari Bazar, Gudiyari, Raipur, District Raipur Chhattisgarh.

11. State of Chhattisgarh Through The Collector, District Kabirdham,
   Collectorate Office Kawardha, District Kabirdham Chhattisgarh.

                                              ---- Respondents

For Petitioners : Shri Atanu Ghosh, Advocate

For Respondent No.11/State : Shri Sudhir Sahu, P. L.

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 04.11.2022

1) The petitioners/plaintiffs have filed civil suit for declaration of title and permanent injunction before the Court of First Civil Judge, Class-I, Kawardha, District- Kabirdham (C.G.).

2) The suit was dismissed vide judgment dated 27.07.2022.

Regular Civil appeal was preferred and it is pending before the Additional District Judge, Kabirdham, District- Kabirdham (C.G.) bearing Civil Appeal No. 21A/2022.

3) Learned counsel for the petitioners submits that an application under Order 41 Rule 5 of the CPC has been preferred but till date same has not been decided, he is seeking direction to the learned Court below to decide the same within stipulated time.

4) Considering the limited grievance of the petitioner, learned Court below i.e. Additional District Judge, Kabirdham, District- Kabirdham is directed to decide the application moved by the petitioners/plaintiffs under Order 41 Rule 5 of the CPC on its own merits preferably within 1 month after receipt of copy of this order.

5) With the aforesaid observation/s, the petition is disposed off.

Sd/-

(Rakesh Mohan Pandey) Judge Nadim