Lalan Prasad Patel vs Sarpanch, Gram Panchayat Sapos
2025 Latest Caselaw 1419 Chatt

Chattisgarh High Court

Lalan Prasad Patel vs Sarpanch, Gram Panchayat Sapos on 24 January, 2025

                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                WP227 No. 77 of 2025
              LALAN PRASAD PATEL versus SARPANCH, GRAM PANCHAYAT SAPOS & Anr.

                                     Order Sheet


24.01.2025         Mr. Dhani Ram Patel, counsel for the petitioner.


                   Mr. Pramod Ramteke, Panel Lawyer for the State.


                   Mr. Ramteke accepts notice on behalf of respondent No.2/State.

Learned counsel appearing for the petitioner would submit that a

civil suit was filed by the petitioner/plaintiff for permanent injunction and

demolition of a wall. He would further submit that a civil suit was decreed

in favour of the plaintiff, vide judgment and decree dated 20.10.2009. He

would also submit that the defendant No. 1/respondent No.1 filed an

appeal on 04.12.2024 i.e. after 15 years along with application for

condonation of delay.

He would contend that the learned appellate Court allowed the

application for condonation of delay and also allowed the application

moved under Order 41 Rule 5 of the CPC, moved by the respondent No.1.

He would further contend that the application under Order 41 Rule 5 of

the CPC was moved contrary to the provisions of Order 41 Rule 5 of the

CPC, therefore, he would pray that the effect of order dated 04.12.2024,

may be stayed.

On the other hand, Mr. Ramteke would oppose the submission

made by Mr. Patel.

Taking into consideration the submission made by Mr. Patel;

perusal of the provisions of Order 41 Rule 5 of the CPC, it appears that

the respondent No.1/defendant No.1 has not approached the learned

Court below within a reasonable time and failed to demonstrate

irreparable injury or loss, therefore, a strong case is made out in favour of

the petitioner. Accordingly, the effect of order dated 04.12.2024, passed

in Civil Appeal No. 84A/2024, by the learned II nd Additional District Judge,

Sakti is stayed till the next date of hearing.

Issue notice to the respondent No.1, on payment of PF by ordinary

as well as registered mode.

Call this matter immediately after service of notice.

In view of the above, I.A. No.1, application for grant of ad-interim

relief, is hereby disposed of.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim