Jaylal vs Vijay Kumar Yadav
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Chattisgarh High Court

Jaylal vs Vijay Kumar Yadav on 4 July, 2025

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      HIGH COURT OF CHHATTISGARH AT BILASPUR

                       WP227 No. 607 of 2025

               JAYLAL versus VIJAY KUMAR YADAV

                               Order Sheet

04/07/2025         Mr. P.R. Patankar, Advocate for the petitioners/
             defendants No. 2, 5 and 6.
                   Mr. Shubham Bajpai, P.L. for the State. He
             accepts notice on behalf of respondent No. 4.

Issue notice to respondents No. 1, 2(a) to (g) and 3 on payment of PF by ordinary as well as registered mode.

Heard on I.A. No. 1/2025, application for grant of interim relief.

Mr. Patankar submits that civil suit was filed by the plaintiff in the year 2015. He further submits that the suit property is joint property but defendants No. 5 and 6 were not impleaded as defendants. He contends that application under Order 1 Rule 10 of CPC moved by plaintiff was allowed by Trial Court vide order dated 04.04.2023 ; written statement was filed on 07.03.2024 and issues were framed on 01.08.2024 by Trial Court.

He further contends that detailed application for amendment was moved by plaintiff and same was allowed vide order dated 09.09.2024. He argues that petitioners moved application under Order 6 Rule 17 of CPC on 24.04.2025 and same has been rejected by the Trial Court on the ground that same has been moved at belated stage and reason for such inordinate delay has not been explained. He further argues that the amendment application which narrows the area of dispute should be allowed. He has placed reliance on the judgment rendered by the Hon'ble Supreme Court in the matter of Dinesh Goyal alias Pappu Versus Suman Agrawal (Bindal) & Ors. reported in AIR 2024 SUPREME COURT 4779.

On the other hand, learned State counsel opposes.

Taking into consideration the submission made by Mr. Patankar, a strong case is made out for grant of interim relief. Therefore, there shall be a stay on the further proceeding of Civil Suit No. 24A/2015 pending before learned Civil Judge, Senior Division, Pratappur, Surguja (C.G.) till next date of hearing.

Call this matter after service of notice.

Sd/-

(Rakesh Mohan Pandey) Judge Ajinkya