Sanjay vs Gaya Ram
2023 Latest Caselaw 65 Chatt

                                                                  NAFR
      HIGH COURT OF CHHATTISGARH, BILASPUR
                          WP227 No. 576 of 2019
1. Sanjay, S/o Late Santosh, Aged About 40 Years, R/o Village Jada
   Munda, Tahsil And District Mahasamund, Chhattisgarh.

2. Sandeep, S/o Late Santosh, Aged About 35 Years, R/o Village Jada
   Munda, Tahsil And District Mahasamund, Chhattisgarh.

3. Smt. Santi, W/o Late Santosh, Aged About 58 Years, R/o Village Jada
   Munda, Tahsil And District Mahasamund, Chhattisgarh.

4. Smt. Sangeeta, D/o Late Santosh, Aged About 42 Years, R/o
   Jharband, District Bargad, Orissa.

5. Mst. Savya, W/o Shashidhar Nai, Aged About 47 Years, R/o Village
   Jada Munda, Tahsil And District Mahasamund, Chhattisgarh.

                                                          ---- Petitioners

                               Versus

1. Gaya Ram, S/o Vakil Nai, Aged About 34 Years, R/o Village Mednipur,
   Tahsil Saraipali, District Mahasamund, Chhattisgarh.

2. Mst. Bedmoti, Wd/o Banbas Nai, Aged About 55 Years, R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund, Chhattisgarh.

3. Mst. Sanakanti, W/o Srivatsa, Aged About 41 Years, R/o Village
   Lamkeni, Tahsil Saraipali, District Mahasamun Chhattisgarh.

4. Mst. Chandrakanti, W/o Radhe Shyam Nai, Aged About 38 Years, R/o
   Village Pirda, Tahsil And District Mahasamund, Chhattisgarh.,

5. Mst. Bhagwati, Wd/o Radho Nai, Aged About 60 Years, R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund, Chhattisgarh.

6. Mst. Rajkumari, Wd/o Mahargu Nai Aged About 37 Years R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund Chhattisgarh., District
   : Mahasamund, Chhattisgarh

7. Ravindra, S/o Mahargu Nai, Aged About 21 Years, R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund, Chhattisgarh.

8. Pushpa, D/o Mahargu Nai, Aged About 18 Years, R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund, Chhattisgarh.

9. Shatrudhan, S/o Ratho Nai, Aged About 36 Years, R/o Village
   Mednipur, Tahsil Saraipali, District Mahasamund, Chhattisgarh.

10. State of Chhattisgarh, Through the Collector, Mahasamund, District
    Mahasamund, Chhattisgarh.

                                                        ---- Respondents
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For Petitioners : Shri Punit Ruparel, Advocate. For Respondents No.1, 3, 4, 7, 8, 9 : Shri Sanjay Agrawal along with Shri Mohit Kumar, Advocate.

For State : Shri Shakti Singh Thakur, P.L.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 04.01.2023

1. This petition has been filed for execution of the decree, passed by the

Civil Judge, Mahasamund in Civil Suit No.104-A/1991 on 28.02.1992,

which is affirmed by the Second Additional Judge, Mahasamund in

Civil Appeal No.48-A/1998 vide judgment dated 20.06.2000 and

Second Appeal No.372/2001 was also dismissed vide order dated

03.04.2017 and SLP before the Supreme Court vide Diary

No.20469/2017 was also dismissed vide order dated 11.08.2017.

2. At the outset, learned counsel for the parties would submit that the suit

land is the agriculture land, which is situated at Mednipur, Patwari

Halka No.42, R.N.M. Basna Tahsil and District Mahasamund. Both the

parties would submit that partition among them may be effected in

accordance with law, as share of the property has already been

determined for the Schedule-A i.e., 1/4th share to each party by the

decree. They would submit that the decreed land assessed to land

revenue so partition may be effected either before the Collector or any

Gazetted Subordinate Officer authorized by him in this behalf in

pursuance of Order 20 Rule 18 read with Section 54 of the CPC 1908

and the concerned authority may be directed to do the needful in the

matter in accordance with law expeditiously.

3. In view of the submissions made, this Court finds it appropriate to

direct that on the application reference being filed for execution of the

decree, before the concerned Collector or Competent Revenue Authority for seeking partition in pursuance of the decree passed by

the Civil Judge, Mahasamund in Civil Suit No.104-A/1991, such

partition shall be effected strictly in accordance with law and

applicable rules in expeditious manner.

4. With the aforesaid observations/directions, the present petition is

disposed of. Parties would be at liberty to produce a copy of this order

before the executing Court/Competent Revenue Authority within a

week.

5. In view of the above, all the pending application stands disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge Deepti Jha