Disposed

Smt. Shanti Sahu v. Ramratan Sahu

Chhattisgarh HC28 Jan 2022WP227/53/2022

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought a direction for expeditious disposal of a family partition suit pending in a subordinate civil court. The High Court directed the trial court to decide the matter within a stipulated time to curb intentional delay by respondents.

What did the court decide?

Direction to the 10th Civil Judge, Class-II, Bilaspur to decide Civil Suit No.20-A/2019 in an expeditious manner.

Smt. Shanti Sahu Vs Ramratan Sahu — Partition | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP(227) No.53 of 2022

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Smt. Shanti Sahu D/o Ramratan Sahu Aged About 40 Years W/o Dankeshwar Sahu, R/o Yadunandan Nagar, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Petitioner

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Versus

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Ramratan Sahu S/o Late Baldev Sahu Aged About 64 Years R/o Vishnu Chowk Tifra, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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Naresh Sahu S/o Ramratan Sahu Aged About 38 Years R/o Vishnu Chowk Tifra, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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Suresh Sahu S/o Ramratan Sahu Aged About 30 Years R/o Vishnu Chowk Tifra, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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Kunti Sahu D/o Ramratan Sahu Aged About 30 Years W/o Vijay Sahu, R/o Vishnu Chowk Tifra, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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Kanti Sahu D/o Ramratan Sahu Aged About 36 Years W/o Sunil, R/o Village Bagadi, Police Station- Pendra, District- Bilaspur, ( Now GourelaPendra-Marwahi, Chhattisgarh, District : Gaurela-Pendra-Marwahi, Chhattisgarh

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Sunita Sahu D/o Ramratan Sahu Aged About 38 Years R/o Village Nevsa, P.S. Ratanpur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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State Of Chhattisgarh Through Collector, Bilaspur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh

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Land Acquisition Officer/ Sub Divisional Officer, Bilaspur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---Respondents

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For Petitioner: Shri Shyamta Prasad Sannat, Advocate. For Respondent/State: Shri Gurudev I Sharan, G.A.

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Single Bench:Hon'ble Shri Deepak Kumar Tiwari, J Order On Board through Video conference

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28.01.2022

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This Writ Petition has been filed under Article 227 of the Constitution of India seeking a direction for the 10^th Civil Judge, Class-II, Bilaspur for a time bound disposal of Civil Suit No.20-A/2019.

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Learned Counsel for the Petitioner submits that the Petitioner has filed

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a suit/plaint for declaration, partition and permanent injunction for the suit property on 17.12.2018 before the 7^th Civil Judge, Class-II, Bilaspur, District Bilaspur, registered as Civil Suit No.20-A/2019, which was transferred to the Court of 10^th Civil Judge, Class-II, Bilaspur, District Bilaspur wherein, the Respondents have appeared on 04.01.2020 but till date, reply has not been filed by them, which shows their deliberate intention to delay the case. Therefore, it is prayed that a direction may be issued to the concerned Court for deciding the said application within a stipulated period.

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

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Considering the facts and circumstances of the case and the submissions put forth by learned Counsel for the Petitioner, this Court thinks it appropriate to issue a direction to the concerned Court.

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Accordingly, it is directed that the 10^th Civil Judge, Class-II, Bilaspur shall decide the proceedings pending before it in Civil Suit No.20-A/2019 in an expeditious manner.

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With the aforesaid direction, the instant Petition stands disposed of.

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(Deepak Kumar Tiwari)

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JUDGE

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Priya

Smt. Shanti Sahu v. Ramratan Sahu

Case brief

What is this about?

What did the court decide?

Smt. Shanti Sahu v. Ramratan Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

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