Single judge disposed of writ petition against dismissal of revenue revision. Held that since title dispute is sub judice in civil suit, parties should approach civil court for interim injunction under Order 39 and Section 151 CPC.
Disposed with liberty to file application in civil court for interim relief.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 32 of 2016
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Devesh G. Kela, Advocate For Respondent No.1 : Shri PK Tulsyan & Shri Aishwarya Pandey, Advocates Hon'ble Shri Justice Prashant Kumar Mishra Order On Board
11/01/2016
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prayed for declaration of title and possession. They have also prayed for a declaration that the affidavit dated 1-5-04, executed by one Dulari & ors. is a forged and void document with further prayer to restrain the defendants from alienating the said property.
Sd/-
Judge Prashant Kumar Mishra
ashu
2 issues framed by the court
Whether appropriate relief mechanism exists when land title dispute is pending in civil court and revenue mutation application is dismissed.
Whether parties can seek interim relief or stay of mutation proceedings from the civil court during pendency of title suit.
2 provisions across 1 enactments
Kanhaiyalal Kesharwani
Shankar Lal Kesharwani
Jawahar Lal
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
