Disposed¶25

Gitesh Kumar Sen v. State of Chhattisgarh

Chhattisgarh HC16 Sept 2024WP227/812/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court (Bilaspur), WP227 No. 812 of 2024, decided 17/09/2024 by Justice Deepak Kumar Tiwari. Petitioner Gitesh Kumar Sen (Defendant No.3) challenged dismissal of his Order 14 Rule 5 CPC application for framing additional issues in a specific-performance suit (Civil Suit No.06A/2022; order dated 20.11.2023 of 1st Additional District Judge, Raipur). Court held the Defendant No.1 lost-title issue was already covered by the issues framed on 10.03.2023, found no infirmity or illegality in the dismissal, and disposed of the petition.

What did the court decide?

There is no infirmity or illegality in the order rejecting the application filed by the petitioner under Order 14 Rule 5 CPC. ¶24

Gitesh Kumar Sen Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:36105

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 812 of 2024

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Gitesh Kumar Sen S/o Shri Dudhnath Sen Aged About 24 Years R/o Ward No. 14, Village- Raveli, Post- Persada, P.S.- Mujgahan, TehsilAbhanpur, District Raipur, Chhattisgarh. (Defendant No. 3)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Collector, Raipur, District Raipur, Chhattisgarh. (Defendant No. 2).

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2 - Ramavtar Sonkar S/o Shri Bisahu Ram Sonker Aged About 56 Years Through Power Of Attorney Holder- Brahma Kumar Sonker, Age About 33 Years, S/o Shri Ramavtar Sonker, R/o Village Bhatagaon, Near Nagar Nigam Office, Tehsil And District Raipur, Chhattisgarh. (Plaintiff)

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3 - Smt. Sukhiya Bai Nirmalkar W/o Late Jhallu Nirmalkar Aged About 62 Years R/o Ward No. 4, Village- Raveli, Post- Persada, P.S.- Mujgahan, TehsilAbhanpur, District Raipur, Chhattisgarh. (Defendant No. 1).

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4 - Kamlesh Kumar Sonker S/o Shri Tijeram Sonker Aged About 39 Years R/o Ward No. 15, Village- Raveli, Post- Persada, P.S.- Mujgahan, Tehsil- Abhanpur, District Raipur, Chhattisgarh. (Defendant No. 4).

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... Respondents.

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For Petitioner : Shri Yogesh Pandey, Advocate.

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For State : Shri Topilal Bareth, PL.

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

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17/09/2024

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This petition has been filed assailing the legality and validity of order dated 20.11.2023 passed by 1^st Additional District Judge, Raipur in Civil Suit No.06A/2022 whereby, application preferred by petitioner/Defendant No.3 under Order 14 Rule 5 CPC was dismissed.

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Brief facts of the case are that respondent/ plaintiff has filed a civil suit for specific performance of agreement to sale in which an application filed by the petitioner/Defendant No.3 under Order 14 Rule 5 CPC for framing of additional issues was dismissed, by the order impugned. Hence this petition.

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Learned counsel for the petitioner would submit that the sale agreement executed in the year 2019 does not give any right to the plaintiff since Defendant no.3 has already purchased the subject property in 2017. On such aspect, no issues have been framed, as the plaintiff has entered into an agreement with Defendant no.1. Whether Defendant No.1 has any right or not, the same shall be unfolded during the trial.

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Considering the issues which were framed by the trial court on 10.03.2023 and the observation made by it in the said issues, to resolve the controversy, this Court is of the view that there is no infirmity or

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illegality in the said order rejecting the application filed by the petitioner as the issue which has been raised by the petitioner that the Defendant No.1 has lost title in the subject property is covered under the issues which have already been framed and the concerned court while dealing with the matter, shall consider such aspect.

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With the aforesaid observation, this petition is disposed of.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Avinash

Gitesh Kumar Sen v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gitesh Kumar Sen v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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