Smt. Sarla Agrawal Vs Smt. Surjeet Jalota

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2024:CGHC:45506

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 1059 of 2024

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1 - Smt. Sarla Agrawal W/o Shri Rajeev Agrawal Aged About 39 Years, CasteAgrawal

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2 - Smt. Anamika Yadav W/o Shri Ramesh Kumar Yadav, Aged About 40 Years, Caste- Ahir,

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3 - Rupesh Mehrotra S/o Shri Vinod Kumar Mehrotra, Aged About 40 Years, CasteKhatri,

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All R/o Charch Road, Kedarpur, Ambikapur, Post- Police Station- Ambikapur, District Surguja, Chhattisgarh.

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4 - Ravi Kumar Relwani S/o Late Vijay Kumar Relwani, Aged About 32 Years, CasteSindhi, R/o Sindhi Colony, Ambikapur, Post- Police Station- Ambikapur, District Surguja, Chhattisgarh.

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... Petitioners

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versus

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1 - Smt. Surjeet Jalota Ex-wife, W/o Late Sukhdev Jalota Aged About 70 Years

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Digitally signed by SHYNA AJAY Date: 2024.11.22 12:22:30 +0530

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2 Sonu S/o Late Prakash Singh, Aged About 25 Years 3 Gurpreet Singh S/o Late Prakash Singh, Aged About 22 Years 4 - Ranu @ Ranjeet Singh S/o Late Prakash Jalota, Aged About 20 Years

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All R/o Village- Bhakura, P.S. And Tahsil- Ambikapur, District Surguja, Chhattisgarh.

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5 - Smt. Anjana Malhotra D/o Late Dharampal Jalota, Aged About 57 Years, W/o Shri Vinod Kumar Malhotra, R/o Charch Road, Kedarpur, Ambikapur, Post, P.S. And Tahsil- Ambikapur, District Surguja, Chhattisgarh.

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6 - Satichan S/o Vedpal Jalota, Aged About 49 Years

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7 - Bablu S/o Late Vedpal Jalota , Aged About 42 Years

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Both R/o House No. 550, Friend Colony, Yamuna Nagar Bypass, Post, P.S. Tahsil And District- Yamuna Nagar (Haryana)

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8 - Smt. Prema Jalota W/o Late Sukhdev Jalota, Aged About 55 Years

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9 - Pushpa Jalota D/o Late Sukhdev Jalota, Aged About 33 Years

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10 - Raj Kumar @ Raje Jalota, S/o Late Sukhdev Jalota Aged About 35 Years

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All by Caste- Punjabi, R/o Hanuman Nagar, Kalibadi, Raipur, District Raipur, Chhattisgarh

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11 - Smt. Sudha Jalota W/o Late Deputy Shabab Jalota, Aged About 37 Years 12 - Yashpal Jalota S/o Late Deputy Shabab Jalota Aged About 35 Years

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13 - Poonam Jalota D/o Late Deputy Shabab Jalota, Aged About 33 Years

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14 - Jitendra Jalota S/o Late Deputy Shabab Jalota, Aged About 37 Years All by Caste- Punjabi, R/o Janta Colony, House No. 4, Padnabhpur, District Durg, Chhattisgarh.

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15 - Smt. Kavita Kedia W/o Shri Vinod Kumar Kediya, Aged About 40 Years, CasteAgrawal, R/o Kedarpur, Ambikapur, P.S. And Tahsil- Ambikapur, District Surguja, Chhattisgarh.

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		... Respondents
For Petitioners	: Mr. Divyanand Patel, Advocate
For State	: Mr. S.K. Puria, Panel Lawyer

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

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O rder on Board

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21/11/2024

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This petition has been filed under Article 227 of the Constitution of India assailing the order dated 23.8.2024 passed by the First Civil Judge Class-I, Ambikapur, District Sarguja, in Civil Suit No.11A/2016, whereby, the petitioners/plaintiffs’ opportunity to adduce evidence was closed.

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Brief facts of the case are that the petitioners/plaintiffs have filed a Civil Suit challenging the judgment and decree dated 3.5.2014, obtained by the private defendants in a fraudulent manner, for declaring the same as null and void. However, on the date of hearing i.e. 23.8.2024, when the case was listed for the plaintiffs’ evidence and counsel for the petitioners has sought time orally, the trial Court by observing that more than seven opportunities have already been granted since 27.1.2024 and further that the case was more than eight years old, closed the opportunity of the plaintiffs to lead evidence and fixed the case for the defendants’ evidence.

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Learned counsel for the petitioners would submit that no last warning was given on the earlier date of hearing and on the date of passing of the impugned order, the counsel, who was engaged by the plaintiffs, without filing any appropriate application, orally requested before the trial Court for adjournment, however, the trial Court closed the opportunity of the plaintiffs to adduce evidence. He

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submits that for fair adjudication and doing complete justice, one more opportunity may be granted to the petitioners/plaintiffs so that they are not deprived from establishing their substantial right.

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Heard learned counsel for the parties and also perused the documents annexed with the petition carefully.

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Perusal of the order sheets of the trial Court would show that on the earlier date of hearing i.e. 26.7.2024, no warning was given by the trial Court to close the evidence in case of failure to adduce evidence by the plaintiffs on the next date of hearing. However, on the next date of hearing i.e. 23.8.2024, when counsel for the plaintiffs sought time, the opportunity to adduce evidence was closed by the concerned Court though the earlier adjournment granted by the trial Court was certainly based on bonafide reasons.

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In view of the above, for fair adjudication and doing complete justice, this Court deems it appropriate to grant one more opportunity to the petitioners/plaintiffs to adduce evidence within a period of 30 days after receipt of a copy of this order by the trial Court subject to payment of cost of Rs.5000/- before the concerned District Legal Services Authority. The above cost shall be deposited within a period of 15 days of this order. Ordered accordingly.

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It is made clear that no further opportunity shall be granted to the petitioners/plaintiffs to adduce evidence.

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With the aforesaid observations/directions, this Petition is disposed of. Sd/-

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(Deepak Kumar Tiwari)

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Shyna

Smt. Sarla Agrawal v. Smt. Surjeet Jalota

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Smt. Sarla Agrawal v. Smt. Surjeet Jalota

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