Sureshchandra Bhardwaj vs Kailash Chandra Bhardwaj
2025 Latest Caselaw 4165 Chatt

Chattisgarh High Court

Sureshchandra Bhardwaj vs Kailash Chandra Bhardwaj on 2 September, 2025

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      HIGH COURT OF CHHATTISGARH AT BILASPUR


                        WP227 No. 869 of 2025

SURESHCHANDRA           BHARDWAJ          versus   KAILASH    CHANDRA
BHARDWAJ


                               Order Sheet


02/09/2025           Mr. Shalvik Tiwari, Advocate for the petitioner.
                     Issue notice to the respondents on payment of PF

by ordinary as well as registered mode.

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

Learned counsel for the petitioner/ plaintiff submits that application moved by defendants No. 1 to 3 under Order 7 Rule 11 of CPC has been partly allowed by the learned Trial Court and plaintiff has been directed to affix court fee in terms of Section 7(iv)(c) of the Court Fees Act, 1870. He further submits that plaintiff is in possession of the suit property, therefore he is not required to value the suit according to market value. He has placed reliance on the judgment passed by this Court in the matter of Daulatram & Ors. Versus

Mordhwaj & Ors. passed in WP227 No. 777 of 2018 and co-ordinate Bench in the matter of Urvashi Bai Sharma & Ors. Versus Indumati Sharma & Ors. reported in 2015 AIR (Chh) 94.

Taking into consideration the submission made by Mr. Tiwari, a strong case is made out for grant of stay. Therefore, there shall be a stay on the effect and operation of order passed by learned Trial Court dated 08.07.2025 till the next date of hearing, but at the same time, learned Trial Court shall proceed with the matter.

Post this matter after service of notice.

Sd/-

(Rakesh Mohan Pandey) JUDGE

Ajinkya