Disposed

Khushboo Singh Thakur @ Manogya Singh Thakur v. Pitambar Singh

Chhattisgarh HC2 Sept 2024CR/102/2023

Case brief

AI extract

What is this about?

Hon'ble High Court of Chhattisgarh at Bilaspur disposed of a Civil Revision seeking to set aside an impugned order. The Court granted the applicants permission to move a CPC application for framing an additional issue regarding res judicata, reserving liberty accordingly.

What did the court decide?

Permission granted to move application under Order 14 Rule 5 CPC for framing additional issue on res judicata.

Khushboo Singh Thakur @ Manogya Singh Thakur Vs Pitambar Singh — Chhattisgarh HC (2024) — LawSathi Research

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Digitally signed by RAMESH KUMAR VATTI

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2024:CGHC:33918

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR Civil Revision No. 102 of 2023

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Khushboo Singh Thakur @ Manogya Singh Thakur, D/o. Pushp Kumar Thakur, aged about 38 years, R/o Police Station Tikrapara, Raipur, District Raipur (C.G.)

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Smt. Kiran, W/o. Narayan Lal Kannoje, aged about 58 years, R/o. Mathpurena, Police Station Tikrapara, Raipur, District Raipur (C.G.)

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... Applicants/Defendants No. 1 and 2

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Versus

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Pitambar Singh, S/o. Late Chandrika Prasad Singh Thakur, aged about 58 years, R/o. Owner of Khasra No. 59/1 and 56/4 area 0.267 hectare, Mathpurena, Raipur, District Raipur (C.G.)

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--- Plaintiff

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Tapan Singh Thakur, S/o. Late Chandrika Prasad Thakur, R/o. Village Mathpurena, Police Station Tikrapara, Raipur, District Raipur (C.G.)

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----Defendant No.3

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Devki, Wd/o. Late Chandrika Prasad Thakur, aged about 80 years, R/o. Village Mathpurena, Police Station Tikrapara, Raipur, District Raipur (C.G.)

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----Defendant No. 4

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Bhanumati, D/o. Narayan Lal Kannoje, aged about 20 years, R/o. Mathpurena, Raipur, District Raipur (C.G.)

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----Defendant No. 5

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State of Chhattisgarh through Collector, Raipur, District Raipur (C.G.)

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Brijendra Singh, S/o. Pushp Kumar Thakur ( Since died ) – Details have been given in para No. 6 of the petition.

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	...Respondents/Non-Applicants
For Applicants	: Mr. Shubhank Tiwari, Advocate
For Non-applicant No.1	: Ms. K. Tripti Rao, Advocate
For Non-applicant No.5/State	: Ms. Neelima Singh Thakur, Panel Lawyer
For Non-applicant No. 4	: Ms. Nupur Trivedi, Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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03.09.2024

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By way of this revision, the applicants/defendants No. 1 and 2 has sought the following prayer:-

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“It is therefore most humbly prayed that this Hon’ble Court may kindly be pleased to allow the instant revision and the impugned order dated 13.06.2023, passed by 4^th Civil Judge, Class-II, Raipur, passed in Civil Suint No. 12A/2015 in the matter of Pitambar Singh vs. Khushboo Singh & Others, may kindly be set aside and the application preferred by the applicants under Section 11 of Code of Civil Procedure may kindly be allowed, in the interest of justice.”

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Learned counsel for the applicants/defendant No. 1 and 2 would fairly submit that defendants No. 1 and 2 may be permitted to move an application under Order 14 Rule 5 of CPC for framing an additional issue with regard to res judicata and the concerned Court may be directed to consider and pass appropriate order on such application.

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No objection from other side.

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Permission granted.

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Consequently, this revision is disposed of reserving liberty in favour of the applicants/defendants No. 1 and 2 to move an application under Order 14 Rule 5 of CPC for framing an additional issue with regard to res judicata and if such an application is moved, the concerned Court will decide the same strictly in accordance with law.

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With the aforesaid observation, this revision is disposed of.

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Khushboo Singh Thakur @ Manogya Singh Thakur v. Pitambar Singh

Case brief

What is this about?

What did the court decide?

Khushboo Singh Thakur @ Manogya Singh Thakur v. Pitambar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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