Dismissed

Shriram Dubey v. Anil Agrawal

Chhattisgarh HC7 Dec 2015WP227/1012/2015

Case brief

AI extract

What is this about?

High Court at Bilaspathur disposed of a writ petition challenging an interim order dismissing an application for injunction seeking prohibitory order against construction on suit land. Court held Section 151 CPC not applicable when Order 39 remedies exist. Petitioner directed to file appropriate application in trial court.

What did the court decide?

Petitioner directed to file appropriate interim application under Order 39 Rules 1 and 2 of CPC before trial court. Trial court directed to hear and pass order afresh.

Shriram Dubey Vs Anil Agrawal — Civil Procedure and Limitation | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 1012 of 2015

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Shriram Dubey S/o Late Shri P. P. Dubey, aged about 41 years, R/o House No.1, Sunder Nagar, Raipur, Tahsil and District Raipur (Chhattisgarh).................( Plaintiff)

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---- Petitioner

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Versus

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Anil Agrawal S/o Late Govind Lal Agrawal, R/o Lili Chowk, Beside Barai Mandir, Purani Basti, Raipur, Distt. Raipur (Chhattisgarh).................. ( Defendant)

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Sunil Jain, S/o Shri Banshilal Jain, R/o Tillu Chowk, Bandhvapara Road, Lakhenagar, Raipur (Chhattisgarh)..................( Defendant)

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Smt. Meena Devi, W/o Shri Kamal Kishor Agrawal, R/o Village Sagyalhewara, Tahsil Chhuikhadan, Distt. Rajnandgoan (Chhattisgarh)..................( Defendant)

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Manish Choudhary S/o Shri Radheshyam Choudhary, R/o Lakhenagar, Raipur (Chhattisgarh)..................( Defendant)

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Smt. Nisha Choudhary, W/o Shri Manish Choudhary, R/o Lakhenagar, Raipur (Chhattisgarh)..................( Defendant)

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Aarti Choudhary W/o Shri Rajesh Kumar Choudhary, R/o Lakhenagar, Raipur (Chhattisgarh)..................( Defendant)

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Bank of India, Branch Pachpedi Naka, Raipur, Tahsil and District Raipur (Chhattisgarh)..................( Defendant)

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---- Respondents

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For Petitioner – Smt. Fouzia Mirza, Advocate.

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Hon'ble Shri Justice Chandra Bhushan Bajpai

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Order on Board

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07/12/2015

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Heard on admission.

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The instant WP(227) has been preferred as the order passed by the XIV^th Civil Judge Class-II, Raipur in Civil Suit No.11A/12 (Shriram Dubey V. Anil Agrawal and others) dated 05-08-2015 whereby and whereunder the Court below dismissed the application filed by the plaintiff/petitioner under Section 151 of the Code of Civil Procedure, 1908 (in brevity 'the CPC) wherein the petitioner had prayed for interim prohibitory order for the construction over the suit land by the defendants and also prayed that iron gate be removed.

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It is submitted on behalf of the petitioner that the matter may be admitted for hearing and after hearing the WP(227), relief as sought, may be granted for the petitioner/plaintiff.

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On due consideration, as per the provision of procedural law, the plaintiff has to file an application under Order 39 Rule 1 and 2 of the CPC for the said prayer. Section 151 of the CPC is for inherent powers of the trial Court. As per the settled law, Section 151 of the CPC is applicable and attracted when there is no any remedy available for the prayer in the procedural Court. An application was expected to be filed under Order 39 Rule 1 and 2 of the CPC by the petitioner/plaintiff before the Court below for the relief sought.

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With the above, the instant petition is not liable for admission for consideration. However, it would be appropriate that opportunity be given to the plaintiff to file appropriate interim application before the trial Court for the cause and the same be disposed of afresh and the order passed on 05-082015 shall not come in the way for appreciation regarding the prayer.

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Consequently, the instant WP(227) is disposed of at the motion stage itself. The petitioner/plaintiff is directed to file appropriate interim application before the trial Court under Order 39 Rule 1 and 2 of the CPC for the cause. The trial Court is directed that after affording opportunities of hearing to the parties, as per law, pass order afresh. It is further observed that order passed on 05-08-2015 shall not come in the way of such appreciation.

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With the above observation and direction, the petition is disposed of.

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No order as to cost.

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Sd/(Chandra Bhushan Bajpai) JUDGE

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Aadil

Shriram Dubey v. Anil Agrawal

Case brief

What is this about?

What did the court decide?

Shriram Dubey v. Anil Agrawal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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