Disposed

Lalji Sahu v. Smt. Urmila Bai Sahu

Chhattisgarh HC4 Sept 2024WP227/781/2024

Case brief

AI extract

What is this about?

The court issued an interim direction restraining the alienation of the subject land pending the final disposal of a civil suit, invoking Section 52 of the Transfer of Property Act to prevent multiplicity of proceedings. The writ petition under Article 227 was disposed of with this direction.

What did the court decide?

Direction that the subject land shall not be alienated till the final disposal of the suit in terms of Section 52 of the Transfer of Property Act.

Lalji Sahu Vs Smt. Urmila Bai Sahu — Landlord and Tenant | Chhattisgarh HC (2024)

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2024:CGHC:34492

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 781 of 2024

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Lalji Sahu S/o Late Jodhan Sahu Aged About 79 Years Resident Of Village - Dhamni - Tahsil - Arang Up- Tahsil - Mandir Hasaud - District - Raipur (C.G.)

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... Petitioner

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versus

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1 - Smt. Urmila Bai Sahu W/o Gendram Sahu Aged About 55 Years Resident Of Chaprid Tahsil - Arang District - Raipur (C.G.)

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2 - Smt. Saroj Sahu W/o Govindram Sahu Aged About 34 Years Resident Of Village - Kukra, Post - Riva, Tahsil - Arang District Raipur (C.G.)

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3 - Smt. Sushila Sahu W/o Basant Sahu Aged About 46 Years Resident Of Village - Kurra Tahsil - Gobra Nawapara District Raipur (C.G.)

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4 - Smt. Nandani Sahu W/o Lakhan Sahu Aged About 42 Years Resident Of Bus Stand Near Harihar Higher Secondary School Nawapara Tahsil - Gobra Nawapara District Raipur (C.G.)

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5 - Smt. Kunti Sahu W/o Chhannu Sahu Aged About 38 Years Resident Of Village And Post - Champaran Tahsil - Gobra Nawapara District – Raipur

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2 / 3

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(C.G.)

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6 - Smt. Hiteshwari Sahu W/o Beniram Sahu Aged About 36 Years Resident Of Village And Post Gullu Tahsil - Arang District Raipur (C.G.)

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7 - Smt. Kiran Sahu W/o Harish Sahu Aged About 35 Years Resident Of Birgaon Near The House Of Bhikham Dewangan Tahsil And District - Raipur (C.G.)

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8 - Smt. Indumati Sahu W/o Ramswarup Sahu Aged About 32 Years Resident Of Village - Dhanaud Tahsil - Abhanpur District - Raipur (C.G.)

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9 - Yashwant Kumar Sahu S/o Lalji Sahu Aged About 47 Years Resident Of Village -Dhamni Tahsil - Arang District - Raipur (C.G.)

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10 - State Of Chhattisgarh Through The Collector, Raipur (C.G.)

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... Respondents

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For Petitioner : Shri CR Sahu, Advocate. For State : Ms. Mandwi Bharadwaj, PL.

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(Hon’ble Shri Justice Deepak Kumar Tiwari)

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Order On Board

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05/09/2024

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This petition has been filed under Article 227 of the Constitution of India seeking the following reliefs:-

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10.1 That this Hon'ble Court may kindly be pleased to call the records of court below, for kind perusal of this Hon'ble Court.

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10.2 That this Hon'ble Court may kindly be pleased to setaside the impugned order dated 08.07.2024 (Annexure P/1)

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and further be pleased to allow the application under Order 39 Rule 1 & 2 of CPC and passed temporary injunction in favour of petitioner till the final decision in civil suit. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.

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At the outset, learned counsel for the petitioner seeks a limited protection that in order to avoid multiplicity of proceedings, the subject land may not be alienated during the pendency of the suit in terms of Section 52 of the Transfer of Property Act.

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Having regard to the prayer made by learned counsel for the petitioner and considering the facts and circumstances of the case, in order to avoid multiplicity of proceedings, it is directed that the subject land shall not be alienated till the final disposal of the suit in terms of Section 52 of the Transfer of Property Act.

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With the aforesaid direction, instant petition is disposed of.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Avinash

Lalji Sahu v. Smt. Urmila Bai Sahu

Case brief

What is this about?

What did the court decide?

Lalji Sahu v. Smt. Urmila Bai Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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