Partly allowed

Ramprasad v. Lalsai

Chhattisgarh HC11 Jan 2022WP227/16/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court allowed the petitioners to continue proceedings under the Chhattisgarh Land Revenue Code but held that the ultimate partition must be subject to the outcome of the pending Civil Suit regarding title.

What did the court decide?

Proceedings under Section 178 of the Chhattisgarh Land Revenue Code allowed to go on, but ultimate partition subject to the outcome of the Civil Suit.

Ramprasad Vs Lalsai — Partition | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.16 of 2022

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Ramprasad S/o Dheeran Aged About 60 Years R/o Village Saraidih, Tahsil Lundra , District Surguja Chhattisgarh.

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Chandan S/o Dheeran Aged About 55 Years R/o Village Saraidih, Tahsil Lundra , District Surguja Chhattisgarh.

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Raja Ram S/o Dheeran Aged About 50 Years R/o Village Saraidih, Tahsil Lundra , District Surguja Chhattisgarh.

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Sukil @ Vakil S/o Dheeran Aged About 45 Years R/o Village Saraidih, Tahsil Lundra , District Surguja Chhattisga ----Petitioners

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Versus

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Lalsai S/o Baraiya Aged About 70 Years R/o Village Bhelai Kala, Tahsil Lundra, District Surguja Chhattisgarh.

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Kanwar Sai S/o Baraiya Aged About 60 Years Village Saraidih, Tahsil Lundra , District Surguja Chhattisgarh.

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State Of Chhattisgarh Through Collector, Surguja Chhattisgarh.

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--Respondents

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For Petitioners: Shri CJK Jayant Rao, Advocate. For Respondent No.3/State: Shri BP Banjare, Dy.GA.

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Single Bench:Hon'ble Shri Deepak Kumar Tiwari J Order On Board

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11.01.2022

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This Writ Petition has been filed under Article 227 of the Constitution of India against the order dated 09.11.2021 passed by the 3^rd Civil Judge, Class-II, Ambikapur, Surguja (CG) in Civil Suit No.118-A/2021 whereby, the application of the Petitioners under Section 151 r/w proviso of Section 178 of CPC and 1-A of the Chhattisgarh Land Revenue Code has been dismissed.

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Brief facts of the case are that the Petitioners preferred the aforesaid application alleging therein that the proceedings of partition between the parties are pending for consideration before the Court of Tahsildar. The Petitioners raised an issue of title for which the Tahsildar stayed the proceedings vide order dated 12.04.2021 for a period of 90 days. As the partition suit is pending before the Civil Court, therefore, the Petitioners have filed an application for staying the proceedings before the Court of Tahsildar, which has been dismissed by the impugned order. Hence this Petition.

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Learned Counsel for the Petitioners submits that the order passed by the trial Court is illegal, arbitrary and mala fide. He further submits that the trial Court ought to have stayed the proceedings pending before the Court of Tahsildar, which are null and void as the issue of title is involved therein, therefore, he prayed that the order impugned may be quashed.

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Heard learned Counsel for the parties and perused the documents annexed with the Petition minutely.

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Considering the nature of Petition, service of notice on the Respondents is dispensed with.

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Section 41(b) of the Specific Relief Act, 1963 mandates that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.

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Therefore, by the impugned order, learned Judge had refused to stay the proceedings pending under Section 151 r/w proviso of Section 178 of CPC and 1-A of the Chhattisgarh Land Revenue Code, which is not liable to be interfered with. However, considering the submissions made herein, this Court directs that the proceedings under Section 178 of the

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Chhattisgarh Land Revenue Code may go on, but the ultimate partition shall be subject to the outcome of the Civil Suit.

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In terms of the above, this instant Writ Petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari) JUDGE

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Priya

Ramprasad v. Lalsai

Case brief

What is this about?

What did the court decide?

Ramprasad v. Lalsai

Case brief

What is this about?

What did the court decide?

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