Smt. Monika Haldar vs Shriman Arun Lal Dhruv
2022 Latest Caselaw 6047 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                 WP227 No. 596 of 2022
     Smt. Monika Haldar & Others Versus           Shriman Arun Lal Dhruv & Others




27.09.2022           Shri Malay Shrivastava, counsel for the petitioners.


                     Shri Yashkaran Singh, Advocate on behalf of Shri Abhyuday Singh,

             counsel for respondent No.2.

Shri Kunal Das, Panel Lawyer for the State/respondent No.3.

It is a case where application moved by the petitioners/plaintiffs under

Order 39 Rule 3 of the C.P.C. has been rejected in a Civil Suit filed for

declaration of title, possession and ownership on the ground that for the last

26 years they are in possession of the land and wall was constructed by

them, whereas, defendant No.2 has issued a notice for demolition of the

wall.

Learned trial Court vide order dated 05.09.2022 in unregistered Civil

Suit, rejected the application on the ground that the presence of the

defendants is necessary.

I have considered the submissions made by the learned counsel for

the petitioners and perused the record, from record it appears that one old

wall has been constructed upon the site and respondent No.2 by using force

is trying to demolish the wall. The decision which has been cited by the learned trial Court and factors which have been given in the cited

judgment are being fulfilled, therefore, the parties are directed to maintain

status-quo till the next date of hearing.

Issue notice to respondent No.1 on payment of PF by ordinary as well

registered mode.

Notice be made returnable within four weeks.

List this case immediately after four weeks.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim