Chattisgarh High Court
Laxmikant vs Bisni Bai on 16 February, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
W.P.(227) No. 110 of 2023
1. Laxmikant S/o. Not Available, Aged About 33 Years R/o. Village Mokhla, Arang, Raipur,
District Raipur Chhattisgarh.
2. Laxman S/o Not Available, Aged About 31 Years R/o. Village Mokhla, Arang, Raipur,
District Raipur Chhattisgarh.
3. Lakhan S/o. Not Available Aged About 26 Years R/o. Village Mokhla, Arang, Raipur,
District Raipur Chhattisgarh.
4. Smt. Rupa, W/o Shri Puranlal Banjare, Aged About 38 Years R/o Village Devda, Police
Station Arang, District : Raipur, Chhattisgarh
5. Smt. Rekha, W/o. Shri Mannu Kumar Banjare, Aged About 35 Years R/o. Puraina,
Police Station Telibandha, District : Bilaspur, Chhattisgarh
6. Smt. Chitrarekha, W/o. Shri Jitan Jogi, Aged About 28 Years R/o Village Chindoli,
Police Station Jhalap, District Mahasamund Chhattisgarh.
7. Onkar, S/o. Late Ganesh, Aged About 22 Years R/o. Village Mokhla, Tehsil Arang,
District Raipur Chhattisarh.
8. Ravi, (Minor), S/o. Late Ganesh, Aged About 17 Years Through natural Guardian
Mother Kunjbai R/o. Village Mokhla, Tehsil Arang, District Raipur Chhattisarh.
9. Kunjbai W/o. Late Ganesh, Aged About 58 Years R/o. Village Mokhla, Tehsil Arang,
District Raipur Chhattisarh.
---- Petitioners
Versus
1. Bisni Bai D/o Shri Biselal, Aged About 38 Years R/o. Village Tendua, Police Station
Rakhi, District : Raipur, Chhattisgarh
2. Chandrika Bai, D/o Shri Biselal, Aged About 41 Years R/o. Village Bhansoj, Police
Station Arang, District : Raipur, Chhattisgarh
3. Goverdhan, S/o Late Dukalha, Aged About 58 Years R/o. Village Mokhla, Tehsil And,
District : Raipur, Chhattisgarh
4. Smt. Pushpa, W/o. Shri Premlal Banjare, Aged About 24 Years R/o. Village Tamasivni,
Police Station Arang, District : Raipur, Chhattisgarh
5. Derhin, D/o. Dukalha, Aged About 60 Years R/o. Mokhla, Tehsil Arang, District : Raipur,
Chhattisgarh
6. State Of Chhattisgarh Through The Collector, Raipur Chhattisgarh.
---- Respondents
16/02/2023 Shri Vivek Mishra, Advocate for the petitioners.
Shri Shakti Singh, P.L. for the State/ respondent No.6.
Learned counsel for the petitioners would submit that right of
the petitioner to file written statement has been closed by the learned
trial Court vide order dated 9.11.2022. He would place reliance upon
the judgment of Hon'ble Supreme Court in the case of Kailash vs.
Nanhku and Ors., reported in AIR 2005 SC 2441.
Considering the fact that Order VIII Rule 1 of the CPC is
directory in nature as held by the Supreme Court, a strong case is
made out for grant of stay. Therefore, there shall be stay of further
proceeding of learned trial Court till the next date of hearing.
Issue notice to respondents No. 1 to 5 on payment of process
fee by ordinary as well as registered mode.
List this case on 24.3.2023 for final disposal at motion stage.
If process fee is not paid within seven days, the interim will lose
its efficacy.
Sd/-
(Rakesh Mohan Pandey)
Judge
Nimmi
