Citation : 2025 Latest Caselaw 2657 Chatt
Judgement Date : 25 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 394 of 2024
1 - Raghavram Pandey S/o Late Suryadin Pandey Aged About 64 Years R/o
Behind Gyanodaya School, Aadawal, Tehsil Jagdalpur District Bastar
Chhattisgarh
2 - Balchand Pandey S/o Late Suryadin Pandey Aged About 60 Years R/o
Behind Gynodaya School, Aadawal, Tehsil Jagdalpur, District Bastar
Chhattisgarh
... Appellants
versus
1 - Kuldeep Singh Bhadoriya S/o Hukum Singh Bhadoriya Aged About 49 Years
(Wrongly Typed As 18 Years In The Impugned Judgement And Decree) R/o
Lalbag, Aamaguda, Jagdalpur, District Bastar Chhattisgarh
2 - State Of Chhattisgarh Through Collector, Bastar, Place Jagdalpur, District
Bastar Chhattisgarh
... Respondents
Order sheet
25/03/2025 Mr. Manoj Paranjpe and Mr. Sandeep Patel, counsel for the appellants.
Mr. Rajeev Bharat, Govt. Advocate for the State/ respondent No.2.
Service report of notice issued to respondent No.1 is awaited.
Learned counsel for the appellants submits that since IA No.01/2024, application under Order 41 rule 5 read with Section
BINI PRADEEP PRADEEP Date:
2025.03.26 13:59:48 +0530
151 CPC has not been decided, therefore, while drawing the attention of the Court on Annexure-A filed along with IA No.04/2025, application for urgent hearing, submits that only because of stay has not been granted, the executing Court is proceeding for handing over the possession of disputed land to the plaintiff/decree holder. Therefore, he prayed that stay may be granted in favour of the appellants/defendants till disposal of IA No.01/2024.
Since notice issued to respondent No.1/plaintiff has not been returned, therefore, having considered the aforesaid contention of learned counsel for the appellants and Annexure-A referred above, effect and operation of impugned judgment and decree dated 10.12.2022 passed by Second Civil Judge, Class-I, Bastar at Jagdalpur in Civil Suit No.62A/2016 (Annexure-A/7)and the same upheld by Second District Judge, Bastar at Jagdalpur vide judgment and decree dated 29.6.2024 passed in Civil Appeal No.01A/2023 (Annexure-A/1), shall remain stayed till the next date of hearing.
Sd/-
(Naresh Kumar Chandravanshi) Judge Bini
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