Allowed

Noor Gani Ansari v. General Public And Ors.

Chhattisgarh HC19 Sept 2017WP227/889/2014

Case brief

AI extract

What is this about?

The High Court in a writ petition set aside an order closing the petitioner's opportunity to adduce evidence in trial proceedings. It granted the petitioner an opportunity to present evidence on a fixed date and disposed of the writ proceeding accordingly.

What did the court decide?

Set aside impugned order; granted opportunity to adduce evidence on 26.09.2017; writ petition finally disposed of.

Noor Gani Ansari Vs General Public And… — Civil Procedure and Limitation | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (227) No.889 of 2014

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Noor Gani Ansari S/o Mohammed Yaqub Aged About 54 Years R/o Marwahi, Tahsil Marwahi, Civil & Revenue Distt Bilaspur (CG).

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---- Petitioner

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Versus

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General Public.

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State Bank Of India Collectorate Branch Bilaspur, Civil & Revenue District Bilaspur(CG).

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State Of Chhattisgarh, Through Chief Medical Officer, Sarkanda, Bilaspur, Civil & Revenue Distt Bilaspur (CG).

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Accountant General Farishta Apartments, Raipur, Civil & Revenue Distt Raipur CG.

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Sunil Kumar Chadda S/o Satpat Chadda Aged About 44 Years R/o Jabadapara, Sarkanda, Bilaspur, Civil & Revenue Distt Bilaspur (CG).

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Glenis Masih W/o K.M.Joseph Sanatorium Campus, Gaurela, Tahsil Pendra, Civil & Revenue Distt Bilaspur (CG).

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Mushtaq Ahmed Ansari S/o Lt Sirajul Gani Ansari Aged About 46 Years R/o Marwahi, Tah Marwahi, Civil & Revenue Distt Bilaspur (CG).

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Parween Begum D/o Lt Sirajul Gani Ansari Aged About 36 Years W/o Israr Khan, R/o Talapara, Bilaspur, C/o Israr Bhai Provision Store Talapara, Civil & Revenue Distt Bilaspur (CG).

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Yamin Begum D/o Lt Sirajul Gani Ansari Aged About 31 Years W/o Sadaquat Ali R/o Kosabadi, Korba, Civil & Revenue Distt Korba (CG).

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--- Respondents

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For Petitioner : Mr. M.K. Baeg, Advocate

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For State/Respondents : Mr.Ashish Surana, Panel Lawyer, Mr. Sudhir

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Kumar Bajpai and Mr. M.H. Baeg, Advocates

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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19/09/2017

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(1) Learned counsel appearing for the petitioner would submit that the petitioner's application under Order 18 Rule 4 of CPC has been rejected by the trial by order dated 17.11.2014 and opportunity to adduce evidence has been closed on unsustainable ground.

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(2) Learned counsel appearing for the respective respondents would support the impugned order.

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(3) I have heard learned counsel for the parties and perused the impugned order.

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(4) After hearing learned counsel for the parties, in the interest of justice, I deem it appropriate to grant an opportunity to the petitioner to adduce evidence before the trial Court on 26.09.2017. Accordingly, the impugned order is set-aside. No further adjournment shall be granted to the petitioner to adduce evidence. However, respondents are at liberty to file an application for modification of the order, if they are aggrieved.

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(5) With the aforesaid observation, the writ petition stands finally disposed of.

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Sd/-

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(Sanjay K. Agrawal) Judge

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L/-

Noor Gani Ansari v. General Public And Ors.

Case brief

What is this about?

What did the court decide?

Noor Gani Ansari v. General Public And Ors.

Case brief

What is this about?

What did the court decide?

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