Madan Lal Agrawal vs Jakir Hussain S/O Mohammad Hussain ...
2025 Latest Caselaw 534 Chatt

Chattisgarh High Court

Madan Lal Agrawal vs Jakir Hussain S/O Mohammad Hussain ... on 16 July, 2025

                                                     1




        Digitally
        signed by
        RAVI
RAVI    SHANKAR
SHANKAR MANDAVI


                               HIGH COURT OF CHHATTISGARH AT BILASPUR
MANDAVI Date:
        2025.07.17
        11:52:27
        +0530




                                            SA No. 395 of 2025

                     1 - Madan Lal Agrawal S/o Kalakram Agrawal Aged About 36 Years
                     R/o Sharda Vihar, Korba Tehsil And Dist. Korba Chhattisgarh
                     (Defendant No. 2)

                     2 - Smt. Ritu Agrawal W/o Madan Lal Agrawal Aged About 29 Years
                     R/o Sharda Vihar, Korba Tehsil And Dist. Korba Chhattisgarh
                     (Defendant No. 3)
                                                                    ... Appellants

                                                  versus

                     1 - Jakir Hussain S/o Mohammad Hussain (Died)
                     Through Legal Heirs
                     1.1 - Smt. Shama Parveen W/o Late Jakir Hussain Aged About 38
                     Years R/o Rani Road Dhanuharpara, Korba Tehsil And Distt. Korba
                     Chhattisgarh
                     1.2 - Noor Rja D/o Late Jakir Hussain Aged About 19 Years R/o Rani
                     Road Dhanuharpara, Korba Tehsil And Distt. Korba Chhattisgarh
                     1.3 - Taukir Rja S/o Late Jakir Hussain Aged About 14 Years (Now
                     Become Major At Present 19 Years Old) R/o Rani Road
                     Dhanuharpara, Korba Tehsil And Distt. Korba Chhattisgarh
                     1.4 - Jaiba Meman S/o Late Jakir Hussain Aged About 17 Years (Now
                     Become Major At Present 22 Years Old) R/o Rani Road
                     Dhanuharpara, Korba Tehsil And Distt. Korba Chhattisgarh

                     2 - Shiv Prasad Singh S/o Marjad Thakur Aged About 51 Years R/o
                                      2

Aaramachin Azad Chowk, Niharika Korba, Tehsil And Dist. Korba
Chhattisgarh (Defendants No. 1)

3 - The State Of Chhattisgarh Through Collector Dist Korba
Chhattisgarh (Defendant No. 4)
                                          ... Respondent(s)

Order Sheet

16/07/2025 Mr. Shivam Mishra, learned counsel for the

appellants.

Mrs. Mandvi Bhardwaj, learned Panel Lawyer for

the State/respondent No.3 appears on advance copy.

Heard I.A. No.02 of 2025, application filed under

Order 41 Rule 5 of CPC.

Issue notice to the respondents on I. A. No.02 of

2025, application filed under Order 41 Rule 5 of CPC,

by ordinary as well as by registered post.

PF be paid within a week.

Learned State counsel accepts notice on behalf of

State/respondent No.3, therefore, issuance of notice to

it is dispensed with.

Meanwhile, purely as a interim measure, it is

directed that effect and operation of impugned judgment

and decree dated 04.04.2025 passed by 3 rd District

Judge, Korba, District Korba in Civil Appeal

No.18A/2024, shall remain stayed till next date of

hearing subject to furnishing security of Rs.50,000/- to

the satisfaction of the concerned trial Court/executing

Court within a period of 30 days from today for due

performance of the decree ultimately to be passed

against the appellants.

Registry is directed to call for the record of trial

Court as well as First Appellate Court.

List this case thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Ravi Mandavi