Dismissed

Smt. Kalindri Dubey v. Shambhunath Dubey

Chhattisgarh HC4 Oct 2013WP227/731/2013

Case brief

AI extract

What is this about?

Petitioner challenged via writ petition the trial Judge's order rejecting an application under Section 151 CPC to stay civil suit proceedings due to a pending criminal revision. The High Court found no illegality or perversity in the impugned order and dismissed the petition.

What did the court decide?

The writ petition challenging the order rejecting the stay application is dismissed in limine.

Smt. Kalindri Dubey Vs Shambhunath Dubey — Civil Procedure and Limitation | Chhattisgarh HC (2013)

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IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR *5\ WRIT PETITION(0fiTo.~ ~<7?^" -—-OF 2013. /A

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PETITIONER

Plaintiff

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Smt. Kalindri Dubey,

Wd/o. ChandrachurfDubey, aged about 68 years, Occupation -Housewife, Resident of Bhoipara,

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(Annapumapara, Subhash

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Ward), Tahsil Kanker, Civil and

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Revenue District Kanker, (C.G.'

VERSUS

RESPONDENT

Defendant

Shambhiuiath Dubey, S/o. Girija Shamkar Dubey, aged about 65 years, Occupation -

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Advocate, Resident of Bhoipara,

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^ N< •»jl'V "A \ .V.il

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(Annapumapara, Subhash Ward), Tahsil Kanker, Civil and Revenue District Kanker, (C.G.)

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irn ($—

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WRIT PETITION UNDER ARTICLE^^OF THE ^-

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CONSTITUTION OF INDIA

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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SB : HON'BLE SHRI JUSTICE PRITINKER DIWAKER

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W.P.1227) N0. 731 ' of 2013

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PETITIONEft (Plaintiff)

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Smt. Kalindri Dubey

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Versus

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RESPONDENT Shambhunath Dubey

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^Defendantt

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WRIT PETITION UNDERARTICLE 227 OFTHE CONSTITUTION OF INDIA

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Shri Ramesh Kumar Sharma, counsel for the petitioner.

ORDER

(04.10.2013)

Heard on admission.

Challenge in the present petition is to the brder dated 17.09.2013 whereby the learned trial Judge has rejected the application as filed by the petitioner/plaintiff under Section 151 o' the Code of Civil Procedure for staying the furttier proceedings o' civil suit.

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From the document it appears that on 03.10.2012 a s;:it for declaration .of permanent injunction was filed by the petitioner/plaintiff and immediately after about one year he filed application under Section 151 CPC stating that one CRminal revision is pending before the Additional Sessions Judge and therefore proceedings ofthe civil suit be stayed.

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After considering all the aspects ofthe case it has been helc by the trial Judge that the proceedings of the civil suit cannof be stayed.

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I find no' illegality or perversity in the order impugned warranting interference by this Court under Article 227 of the Constitutibn of India. The petition is sans merits, the same deserves to be and is, accordingly dismissed in limine.

Smt. Kalindri Dubey v. Shambhunath Dubey

Case brief

What is this about?

What did the court decide?

Smt. Kalindri Dubey v. Shambhunath Dubey

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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