Writ petition challenging dismissal of an application to place on record a cooperative society permission document in an easement suit. The High Court found no merit since the document was produced after eight years, development fees were not deposited and the Society was not a party; petition dismissed with direction to expedite trial.
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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.145 of 2024
Shankar Bakhtani S/o Late Chandu Lal Ji, Aged About 56 Years R/o Shanti Colony, Number 44, Dhamtari, Tehsil And DistrictDhamtari, Chhattisgarh. ---- Petitioner
Versus
2.3 - Sunita Ranglani @ Rashmi Jotwani, About 46 Years, D/o Holaram Ranglani, W/o Madhav Das Jotwani, R/o Laxmi Apartment C/o Chhotu Agrawal, Khokha Road, Bhatapara, District Balodabazar (CG) 2.4 - Gouri D/o Late Holaram Ranglani @ Madhu Ghighani, aged about 42 years, W/o Shri Amar Ghighani- C/o Amar Ghighani, C/49, Shailendra Nagar, Raipur ----Respondents
For Petitioner: Shri Hemant Agrawal, Advocate.
Single Bench: Hon'ble Shri Deepak Kumar Tiwari, J Order On Board
10.06.2024
dated 21.12.2023 passed by the 2nd Civil Judge, Class-1, Dhamtari, District Dhamtari in Civil Suit No.54-A/2015 (Shankar Bhakhtani vs. Roopchand Ranglani & Ors.).
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filed Civil Suit No.54-A/2015 for declaration of easementary right and permanent injunction and after closing of evidence from the Plaintiff’s side when the case is fixed for Defendant’s evidence, he has filed an application under Order 7 Rule 14 CPC stating that on 13.12.2023, after depositing the development fee, permission has been granted by shanti gruha nirman sahakari samiti maryadit, Dhamtari to use the land and the said document has not been taken on record and as such, the said application was dismissed. Hence, this Petition.
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merits, is hereby dismissed and the concerned Court is directed to expedite the trial. Sd/-
(Deepak Kumar Tiwari) JUDGE
Priya
1 issue framed by the court
Whether the trial court rightly refused to take on record a Society permission document filed by the defendant at the evidence stage under Order 7 Rule 14 CPC?
1 provisions across 1 enactments
Shankar Bakhtani
Roopchand Ranglani
Mahesh Ranglani
Meera Ranglani @ Priti Khatri
Sunita Ranglani @ Rashmi Jotwani
Gouri @ Madhu Ghighani
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
