Rajeshwari Devi Agrawal vs Saroj Kumar Gupta
2025 Latest Caselaw 340 Chatt

Chattisgarh High Court

Rajeshwari Devi Agrawal vs Saroj Kumar Gupta on 3 July, 2025

         Digitally
         signed by
         YOGESH
YOGESH   TIWARI
TIWARI   Date:
         2025.07.03
         19:02:33
                                                 1/3
         +0530




                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CR No. 153 of 2025

                                  RAJESHWARI DEVI AGRAWAL
                                           versus
                                     SAROJ KUMAR GUPTA

                                            Order Sheet




           03/07/2025          Mr. Animesh Verma, Advocate for the applicants.

                               Ms. M. Asha, P.L. for the State/respondent No.3.

Learned counsel for the applicants submits that default

as pointed out by the Registry has already been rectified.

Since Ms. M. Asha, P.L. has put in appearance on

behalf of State/respondents No. 3 therefore, there is no need

to issue notice to the respondent No. 3.

Issue notice to respondents No 1 and 2 through

ordinary as well as registered post. P.F. be paid within 7

working days.

Dasti service is also permitted. P.F. be paid within 7

working days.

Applicants are at liberty to serve notice through

concerned Advocate appearing before the trial Court.

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

interim order/stay.

Leaned counsel for the applicants submits that a suit for

specific performance on the basis of oral agreement dated

10.01.1989 has been filed on 21.08.2024. Though according

to the relief sought for by the plaintiff, the plaintiff has also

sought relief of title on the basis of adverse possession

claiming to be in possession of the suit property since 1991,

but in sum and substance, it is suit for specific performance of

contract, as such, it is barred by limitation and hence, on the

basis of plaint averments itself, suit is liable to dismissed

under Order 7 Rule 11(d) of the Civil Procedure Code, 1908.

He placed reliance in upon the judgment of the Hon'ble

Supreme Court in the matter of Dahiben v. Arvindbhai

Kalyanji Bhanusali (Gajra) Dead through Legal

Representatives and others reported in (2020) 7 SCC 366 to

buttress his submissions.

Taking into consideration the facts and circumstances of

the case and further taking into account the submissions made

by the learned counsel for the applicants, purely as an interim

measure, further proceeding of Civil Suit Class A/234/2024

pending before the learned Fourth Civil Judge, Junior Grade,

Durg (C.G.) is hereby stayed till the next date of hearing.

List this case in the week commencing 28.07.2025.

Sd/-

(Amitendra Kishore Prasad) Judge

Yogesh