The High Court dismissed a writ petition seeking direction to the trial court to decide a pending civil suit expeditiously, holding that the petition lacked substance as service of notice and filing of written statements were still pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 67 of 2024
---- Petitioner
Versus
1. Mahaveer Prasad Mourya S/o Late Shri Pannalal Mourya Aged About 44 Years R/o Village- Lawana, New Basti, Pargana, Manikpur, Tahsil- Kunda, District : Pratapgarh, Uttar Pradesh
2. Shiv Prasad Mourya S/o Late Shri Pannalal Mourya Aged About 42 Years R/o Village- Lawana New Basti, Pargana, Manikpur, Tahsil- Kunda, Distt- Pratapgarh, U.P.
3. Smt. Kalawati W/o Late Shri Pannalal Mourya Aged About 72 Years R/o Village- Lawana New Basti, Pargana, Manikpur, Tahsil- Kunda, Distt- Pratapgarh, U.P.
4. Rajendra Prasad S/o Late Shri Tulsi Ram Mourya Aged About 72 Years R/o Ward No. 10, Nagar Panchayat Baradwar, Police Station- Baradwar, Tahsil- Sakti, DisttJanjgir Chamapa, Now Sakti Chhattisgarh.
5. Lakhan Lal S/o Late Shri Tulsiram Mourya Aged About 78 Years R/o Post- Marwahi, Tehsil- Pendra, Distt- Bilaspur, Now District : Gaurela-Pendra-Marwahi, Chhattisgarh
6. State Of Chhattisgarh Through Collector, Distt- JanjgirChampa, Now Distt- Sakti, Chhattisgarh
7. Smt. Shanti Varma W/o Shri Narendra Varma Aged About 50 Years D/o Late Shri Tulsi Ram Mourya R/o Sada Colony, L.I.V 09, Jamnipali Korba, District : Korba, Chhattisgarh
8. Kailash S/o Onkar Prasad Aged About 60 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
9. Vijay Kumar S/o Onkar Prasad Aged About 58 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Chamapa, Now- Sakti , C.G.
10. Ajay Kumar S/o Onkar Prasad Aged About 56 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway
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Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
11. Sanjay Kumar S/o Onkar Prasad Aged About 54 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
12. Anil Kumar S/o Onkar Prasad Aged About 52 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
13. Manish Kumar S/o Onkar Prasad Aged About 50 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
14. Jamuna Devi D/o Onkar Prasad Aged About 62 Years R/o Katni, District : Katni , Madhya Pradesh
15. Durgvati D/o Onkar Prasad Aged About 52 Years R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, DisttJanjgir- Champa, Now- Sakti , CG
16. Leelawati D/o Omkar Prasad Aged About 49 Years, at present, R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, Distt- Janjgir- Champa, Now- Sakti , CG
17. Kamlavati D/o Omkar Prasad Aged About 45 Years, at present, R/o Ward No. 02, Nagar Panchayat Baradwar, Near Railway Crossing, Police Station And Tahsil- Baradwar, Distt- Janjgir- Champa, Now- Sakti , CG
---- Respondent
CAUSE TITLE TAKEN FROM CIS PERIPHERY
--------------------------------------------------------------------------------------- For Petitioner : Ms. Nisha Kanojiya appears on behalf of Mr. Ramesh Nayak, Advocate. For State : Ms. Vaishali Mahliong, PL ---------------------------------------------------------------------------------------
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
10.06.2024
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1. This Petition has been filed for issuance of direction to the Civil Judge Class-I, Sakti, C.G. to decide the pending Civil Suit No.10A/2018, in a time bound manner.
2. At the outset, learned counsel for the petitioner submits that late Panna Lal and Rajendra Prasad( respondent No.4 in present petition) had filed a Civil Suit in the year 2018, for declaration of title, partition and possession.
3. Perusal of the order sheet dated 20.09.2023 of the trial Court annexed with the petition, reveals that defendant No. 2, 4 to 10 had sought time to file their written statements and service to some of the respondents has not been completed.
4. Now, by filing the present petition, Defendant No.2 himself is praying for issuance of a direction to the concerned Court to adjudicate the matter in an expeditious manner.
5. In view of the above, it appears that service of notice to some of the defendants has not been effected so far and time was sought by defendant No.2 and 4 to 10 file their written statements before the trial Court. Thus, prayer made by petitioner/defendant No.2 for issuance of direction to the concerned trial Court to adjudicate the matter in an expeditious manner cannot be accepted.
6. For the foregoing, this Court is of the opinion that the Writ Petition has no substance and the same deserves to be and is hereby dismissed.
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7. However, the concerned Court shall make an effort to effect
service on the unserved defendants at the earliest.
Sd/-
(Deepak Kumar Tiwari)
Judge
Avinash
1 issue framed by the court
Whether the High Court should direct the trial court to expedite the adjudication of a pending civil suit despite pending service and filings?
Umashankar
Mahaveer Prasad Mourya
Shiv Prasad Mourya
Smt. Kalawati
Rajendra Prasad
Lakhan Lal
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
