Allowed

Nilmani Chandraker v. Panchram Sahu

Chhattisgarh HC22 Aug 2024WP227/244/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition under Article 226 seeking an analogous hearing of two pending civil suits involving common land. The court directed the trial court to conduct analogous hearing to avoid conflicting decisions. The petition was disposed of accordingly.

What did the court decide?

Application for analogous hearing of Civil Suit No.7A/2016 and Civil Suit No.17A/2018 allowed; trial court directed to conduct hearing analogously.

Nilmani Chandraker Vs Panchram Sahu — Partition | Chhattisgarh HC (2024)

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2024:CGHC:32152

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 244 of 2021

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1. Nilmani Chandraker S/o Shri Ashok Chandrakar Aged About 19 Years

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2. Ku. Rajeshwari D/o Shri Ashok Chandrakar Aged About 23 Years

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3. Ku. Nileshwari D/o Shri Ashok Chandrakar Aged About 21 Years

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4. Smt. Triveni Chandrakar W/o Shri Ashok Chandrakar Aged About 43 Years

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All are R/o Village Ghorpendri, Tahsil Pandariya District Kabirdham Chhattisgarh

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... Petitioners

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versus

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1. Panchram Sahu S/o Dasrath Aged About 41 Years R/o Village Dongariyakhurd, Tahsil Pandariya District Kabirdham Chhattisgarh

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2. Ashok Chandrakar S/o Shri Fagua Chandrakar Aged About 44 Years R/o Village Ghorpendri, Tahsil Pandariya District Kabirdham Chhattisgarh

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3. Branch Manager H.D.F.C. Bank Mungeli District Mungeli Chhattisgarh

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4. State Of Chhattisgarh Through The Collector, Kabirdham District Kabirdham Chhattisgarh

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... Respondents

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For Petitioners : Mr. Ritesh Verma, Advocate. For Respondent No.1: Mr. Dharmesh Srivastava, Advocate. For Respondent No.2: None. For State : Mr. Pramod Ramteke, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

23/08/2024

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1. Through this petition filed under Article 227 of the Constitution of India a limited prayer for analogous hearing of Civil Suit No.7A/2016 and Civil Suit No.17A/2018 pending before the Civil Judge, Junior Division Pandariya, District Kabirdham (C.G.), has been made.

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2. Learned counsel for the petitioners submits that the petitioners have filed a Civil Suit No.7A/2016 against the defendants for declaration and injunction and against the said Suit, Defendant No.1 has also filed the cross-suit. Later on, the present petitioners had withdrawn the Suit on 06.10.2018 with liberty to file a fresh Suit and thereafter, the petitioners/complainants had filed a fresh Civil Suit No.17A/2018. However, in the earlier Civil Suit No.7A/2016, the cross-suit is continued. As both the Civil Suits pertain to some part of the land i.e. Khasra No.239/4/47/2, though the Civil Suit No.17A/2018 has been filed for partition and separate possession, therefore, learned counsel for the petitioners would submit that in order to avoid the conflicting decision, analogous hearing is required for which this application was preferred which was dismissed by the trial Court by the impugned order.

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

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4. Having considered the submissions of learned counsel for the parties, particularly considering the nature of controversy involved in both the Suits, as some part of the land is common, so in order to avoid the conflicting decision, it is directed that both the Suits shall be tried analogously.

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5. Accordingly, the said application is allowed and the trial Court is directed to conduct analogous hearing of both the Suits.

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6. With the aforesaid observations/directions, this Writ Petition stands disposed of. Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Nilmani Chandraker v. Panchram Sahu

Case brief

What is this about?

What did the court decide?

Nilmani Chandraker v. Panchram Sahu

Case brief

What is this about?

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