Disposed¶32

M/S S K Builders and Developers v. Ajay Kumar

Chhattisgarh HC2 Mar 2025CR/50/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court civil revision (CR No. 50 of 2025, decided 03/03/2025, Justice Deepak Kumar Tiwari); challenge to dismissal of Order 7 Rule 11 CPC application in Civil Suit No.81A/2022, Bilaspur; issues of limitation as mixed question of law and fact and maintainability under proviso to Section 34 of the Specific Relief Act; builder/developer applicant versus legal heirs of late Feku Ram and State; disposed of on consent with liberty to argue all grounds before the trial Court; neutral citation 2025:CGHC:10183.

What did the court decide?

Liberty to the applicant to raise all such grounds before the trial Court while considering the said issue, in accordance with law. ¶32

M/S S K Builders and Developers Vs Ajay Kumar — Specific Performance | Chhattisgarh HC (2025)

2025:CGHC:10183

NAFR

PRIYANKA VERMA

HIGH COURT OF CHHATTISGARH AT BILASPUR

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Digitally signed by PRIYANKA VERMA Date: 2025.03.03 15:59:03 +0530

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CR No. 50 of 2025

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1 - M/s S K Builders And Developers Bilaspur Through Partner Shyamlal Kanjani, S/o Tejumal Kanjani, Aged About 33 Years, R/o Tikrapara, Bilaspur, Tehsil And District- Bilaspur, (C.G.)(Defendant No. 3)

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... Applicant

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versus

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1 - Ajay Kumar S/o Late Feku Ram Aged About 41 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased)

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2 - Uttam Kumar S/o Late Feku Ram Aged About 47 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased)

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3 - Sanjay Kumar S/o Late Feku Ram Aged About 45 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased)

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4 - Shri Kumar S/o Late Feku Ram Aged About 35 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased)

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5 - Pushpa Rajgir D/o Late Feku Ram Aged About 43 Years R/o Juna Bilaspur, Tehsil And District- Bilaspur, (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased)

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6 - Usha D/o Late Feku Ram Aged About 37 Years R/o Village- Bhakhidih, Ratanpur, District- Bilaspur, (C.G.), (Legal Heirs Of Late Feku Ram Since Deceased)

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7 - Santosh Banerjee S/o Late Bhuvan Lal R/o Village- Pausra, Ps- Koni, Tehsil And District- Bilaspur (C.G.)(Original Defendant No. 1 (Bhuwan Lal) Legal Heir)

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8 - Godavari Bai W/o Shivnath Kariyare Aged About 65 Years Village- Mopka, Ps- Sarkanda, Tehsil And District- Bilaspur (C.G.)(Defendant No. 2)

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9 - Kashiram S/o Late Kirpal Banerjee Aged About 70 Years R/o VillageBijaur, P.S.- Sarkanda, Tahsil And District- Bilaspur (C.G.)(Defendant No. 5)

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10 - State Of Chhattisgarh Through Collector- Bilaspur, District- Bilaspur (C.G.)(Defendant No. 4)

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... Respondent(s)

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For Applicant : Mr. Shobhit Koshta, Advocate For State : Mr. Dilman Rati Minj, GA

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Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

03/03/2025

1. Heard.

2. This Civil Revision has been filed assailing the order dated 20.12.2024 passed in Civil Suit No.81A/2022 by the 3^rd Additional Judge to the Court of 1^st Civil Judge, Junior Division, District Bilaspur (C.G.), whereby the application preferred by the applicant under Order 7 Rule 11 of the CPC has been dismissed.

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3. At the outset, learned counsel for the applicant submits that the trial Court has observed that the question of limitation is the mixed question of law and fact and the Suit is not maintainable in view of the proviso to Section 34 of the Specific Relief Act, therefore, he prays that this Revision may be disposed of with liberty to raise all such grounds before the trial Court, while considering the said issue, in accordance with law.

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4. Learned counsel for the other side would not oppose the said prayer.

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5. In view of the submissions of learned counsel for the parties, the Revision is disposed of with the aforesaid liberty as prayed for.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

M/S S K Builders and Developers v. Ajay Kumar

Case brief

What is this about?

What did the court decide?

M/S S K Builders and Developers v. Ajay Kumar

Case brief

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