Anil Chandrakar Vs Krishna Kumar Chandrakar

5 - Sandhya Chandrakar D/o Late Pokhan Chandrakar, W/o Shri Krishna Chandrakar, Aged About 50 Years R/o Badhai Para, Durg District Durg Chhattisgarh.

¶12

6 - Bhavna Chandrakar D/o Late Pokhan Chandrakar (Died Through Lrs)

¶13

6a . Shri Sanjay Chandrakar Aged About 50 Years

¶14

6b . Sagarika Chandrakar D/o Shri Sanjay Chandrakar Aged About 25 Years.

¶15

6c. Harsh Chandrakar D/o Shri Sanjay Chandrakar Aged About 22 Years Petitioner Nos.6a to 6c are R/o Kushalpur, Tahsil And District Raipur Chhattisgarh.

¶16

2 / 4

¶17

7 - Denish Kumar Chandrakar S/o Late Kaushal Chandrakar Aged About 45 Years.

¶18

8 - Shlesh Chandrakar S/o Late Kaushal Chandrakar Aged About 43 Years.

¶19

9 - Jainendra Chandrakar S/o Late Kaushal Chandrakar Aged About 41 Years

¶20

10 - Nitesh Chandrakar S/o Late Kaushal Chandrakar Aged About 39 Years

¶21

11 - Smt. Kalindri Chandrakar Wd/o Late Kaushal Chandrakar Aged About 70 Years

¶22

12 - Shweta Chandrakar D/o Late Kaushal Chandrakar Aged About 35 Years Petitioners No.7 to 12 are R/o Gudrupara Khaira Bade Mahasamund,

¶23

Tahsil And District Mahasamund Chhattisgarh.

¶24

13 - Nidhi Chandrakar D/o Late Kaushal Chandrakar Aged About 37 Years, W/o Shri Prashant Chandrakar, R/o Village Sankara, District Balod Chhattisgarh.

¶25

... Petitioners/Plaintiffs.

¶26

versus

¶27

1 - Krishna Kumar Chandrakar S/o Late Shri Pannalal Chandrakar Aged About 50 Years R/o Village Paraskol, Police Station, Tahsil And District Mahasamund Chhattisgarh

¶28

2 - Tarendra Kumar Chandrakar S/o Shri Gendlal Chandrakar Aged About 45 Years R/o Mouhari Bhata Mahasamund, Police Station, Tahsil And District Mahasamund Chhattisgarh.

¶29

3 - State Of Chhattisgarh Through The Collector, District Mahasamund Chhattisgarh

¶30

... Respondents/Defendants.

¶31

3 / 4

¶32

For Petitioners	:	Shri Palash Agrawal, Advocate.
For Respondent No.1	:	Shri Shubhank Tiwari, Advocate.
For Respondent No.2	:	Shri Shakti Singh Thakur, Advocate.
For State	:	Shri GL Uike, PL.

¶33

({Hon’ble Shri Justice Deepak Kumar Tiwari}) Order On Board

¶34

02/09/2024

¶35

This petition has been filed under Article 227 of the Constitution of India assailing the legality and validity of order dated 19.01.2023 passed by 3^rd Civil Judge Senior Division, Mahasamund in Civil Suit No.44-A/2022 whereby, application filed by the Defendant No.2 under Order 7 Rule 11 read with Section 151 CPC was allowed and the petitioners/plaintiffs were directed to correct the valuation as the subject land was diverted land.

¶36

Facts of the case in brief are that petitioners/plaintiffs have filed a civil suit for declaration of title, possession and declaration of sale deed dated 12.04.2022 executed by Respondent No.1 in favour of Respondent No.2 as null and void and valued the suit according to the agricultural land and paid the court fees 20 times of the land revenue. Defendants/respondents objected the valuation as the same has been undervalued and prior to filing of the suit, in the plaint averments itself, the fact has been categorically admitted that the suit land is a diverted land, therefore, the valuation and court fees have not been properly made. Subject application was allowed and accordingly the plaintiffs/petitioners were directed to correct the same. Hence this petition.

¶37

At this juncture, learned counsel for the petitioners/plaintiffs submits that

¶38

4 / 4

¶39

as the trial Court has already extended time to correct the valuation and payment of the deficient court fees, therefore this petition may be disposed of in the said terms.

¶40

Learned counsel for the respondents would not oppose the said limited prayer.

¶41

Having considered the submissions, as the petitioners/plaintiffs have made a submission to correct the valuation and are accordingly ready for the payment of the deficient court fees, therefore, it is directed that the plaintiffs/petitioners shall move an appropriate application within 3 weeks from the date of receipt of a copy of this order before the trial Court, failing which, the said Court shall proceed with the suit in accordance with law.

¶42

With the aforesaid observation/direction, petition is disposed of.

¶43

If any such application is filed by the petitioners/plaintiffs for the correction of the valuation, the other side be also given a fair opportunity of hearing.

¶44

Sd/-

¶45

(Deepak Kumar Tiwari)

¶46

Judge

¶47

Avinash

Anil Chandrakar v. Krishna Kumar Chandrakar

Case brief

What is this about?

What did the court decide?

Anil Chandrakar v. Krishna Kumar Chandrakar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Samarjeet Singh Vs Chitrarekha Singh

Rohit Rajak Vs State of Chhattisgarh

Mohd. Ayaz Vs State of Chhattisgarh

Sanju Sahu Vs State Of Chhattsgarh

Smt. Darshan Kaur Ahluwalia Vs Manoj Motwani

Chhattisgarh Ispat Udyog Vs Chhattisgarh Environment Conservation Board