Smt. Radha Bai vs Vijay Kumar Sinha
2025 Latest Caselaw 1041 Chatt

Chattisgarh High Court

Smt. Radha Bai vs Vijay Kumar Sinha on 10 January, 2025

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                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                               WP227 No. 27 of 2025
             SMT. RADHA BAI versus VIJAY KUMAR SINHA and others


                                     Order Sheet


10.01.2025        Mr. Ratnesh Agrawal, counsel for the petitioner.


                  Mr. Shubham Bajpayee, P.L. for the State. He accepts notice on

             behalf of the State/respondent No. 3.

Heard on I.A. No. 01 of 2025, an application for grant of stay the

effect and operation of the order dated 23.09.2024 and 10.12.2024.

Learned counsel for the petitioner would submit that decree of

declaration of title and permanent injunction was passed by the learned

Civil Judge, Class I, Kurud, District Dhamtari, in favour of respondent No.

1/plaintiff vide judgment and decree dated 08.02.2018. The plaintiff moved

an application for execution and thereafter, the learned Executing Court

vide order dated 23.09.2024 issued possession warrant, whereas, no such

decree was passed.

Learned counsel for the petitioner would further submit that the

respondent No. 1/plaintiff is trying to dispossess the petitioner and he has

refused to take possession of survey No. 600, and the same is evident

from demarcation report submitted by Tahsildar. He would pray to stay the

further execution proceeding pending before the Civil Judge, Senior

Division, Kurud, District Dhamtari.

On the other hand, Mr. Shubham Bajpayee, Panel Lawyer appearing

for the State would oppose.

Taking into consideration the fact that there is no decree of

possession in favour of the plaintiff, and thus, the learned Executing Court

exceeded its jurisdiction; therefore, the further proceeding of Execution

Case No. 3/2018 pending before the learned Civil Judge, Senior Division,

Kurud, District Dhamtari shall remain stayed till the next date of hearing.

Issue notice to the respondents No. 1 and 2 on payment of P.F. by

ordinary as well as registered mode.

Call this matter after service of notice.

Sd/-

(Rakesh Mohan Pandey) Judge

Siddhant