Disposed¶26

Bhavani Shankar Sahu v. Shivprasad

Chhattisgarh HC17 Feb 2025MA/127/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; MA No. 127 of 2024; Order 43 Rule 1(r) CPC; miscellaneous appeal disposed on undertaking; status-quo over suit property; restraint on mutation; Civil Suit No.10A/2024; Civil Judge Class-I Gharghoda; order dated 27.9.2024 in Miscellaneous Civil Appeal No.02/2024 District Judge Gharghoda; expeditious trial within six months; Raigarh; Tamnar; Devgaon; Gerwani; Bhavani Shankar Sahu vs. Shivprasad; Naresh Kumar Chandravanshi; decided 18/02/2025

What did the court decide?

Appeal disposed of on respondent No.1's undertaking; parties to maintain status-quo in respect of the suit property till disposal of Civil Suit No.10A/2024; trial Court directed to expedite and conclude the suit preferably within six months from receipt/submission of a copy of the order; parties to cooperate for expeditious disposal. ¶26

Bhavani Shankar Sahu Vs Shivprasad — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 27.9.2024 passed by the District Judge, Gharghoda in Miscellaneous Civil Appeal No.02/2024 should be set aside and respondent No.4 restrained from mutating the land in question till final decision of Civil Suit No.10A/2024.

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Court's answer

In view of the undertaking given by respondent No.1, the miscellaneous appeal is disposed of.

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Ratio / Principle

The parties are directed to maintain status-quo in respect of the suit property till disposal of the civil suit.

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Key takeaways

The trial Court is directed to expedite the trial of Civil Suit No.10A/2024 (Bhavani Shankar Sahu & Ors. vs. Shivprasad & Ors.) and conclude the same preferably within six months from receipt/submission of a copy of the order.ratio¶25
The parties shall cooperate with the trial Court for expeditious disposal of the civil suit.ratio¶25

Detailed headnote1 paragraphs

Miscellaneous Appeal (MA No. 127 of 2024) under Order 43 Rule 1(r) CPC against order dated 27.9.2024 of the District Judge, Gharghoda in Miscellaneous Civil Appeal No.02/2024, whereby appellants sought setting aside of the order and restraint on mutation of the suit land pending Civil Suit No.10A/2024 before Civil Judge Class-I, Gharghoda. On respondent No.1's undertaking through counsel not to alienate the suit property and to maintain status-quo, and with support of counsel for appellants and respondent No.3, the appeal was disposed of: parties directed to maintain status-quo in respect of the suit property till disposal of the civil suit; trial Court directed to expedite and conclude Civil Suit No.10A/2024 (Bhavani Shankar Sahu & Ors. vs. Shivprasad & Ors.) preferably within six months from receipt/submission of a copy of the order; parties to cooperate for expeditious disposal. (Naresh Kumar Chandravanshi, J., 18/02/2025)

2025:CGHC:8348

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MA No. 127 of 2024

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1 - Bhavani Shankar Sahu S/o Shri Mahattar @ Jai Krishna Sahu Aged About 34 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh

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2 - Manoj Sahu S/o Shri Mahattar @ Jai Krishna Sahu Aged About 25 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh

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3 - Phuleshwari @ Phoolkumari W/o Shri Hemant Kumar Saw Aged About 40 Years R/o Village Chhichhor Umariya, Tehsil- Pusour, District : Raigarh, Chhattisgarh

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... Appellant(s)

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versus

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1 - Shivprasad S/o Shri Subran Aged About 57 Years R/o Village- Gerwani, TehsilTamnar And P.S. Raigarh, District : Raigarh, Chhattisgarh

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2 - Shanshodhan S/o Shri Subran Aged About 54 Years R/o Village- Gerwani, Tehsil- Tamnar And P.S. Raigarh, District : Raigarh, Chhattisgarh

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3 - Mahattar @ Jai Krishna Sahu S/o Shri Dhanurjay Sahu Aged About 61 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh 4 - State Of Chhattisgarh Through Collector, District : Raigarh, Chhattisgarh

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... Respondent(s) For Appellant(s) : Mr. Prakash Tiwari, Advocate For Respondent No.1 : Mr. Manoj Kumar Sinha, Advocate For Respondent No.3 : Mr. Anil Singh Rajput, Advocate For Respondent No.4/State : Mr. Rajeev Bharat, Govt. Advocate

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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18/02/2025

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By filing this miscellaneous appeal under Order 43 Rule 1(r) of the CPC, the appellants have made following prayer:-

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“It is therefore prayed that this Hon’ble Court be pleased to set aside the order dated 27.9.2024, passed by the Learned District Judge, Gharghoda, District – Raigarh (CG) in Miscellaneous Civil Appeal No.02/2024, and direct the respondent No.4 to not to mutate the land in question till final decision of the pending civil suit bearing No.10A/2024 pending

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Digitally signed by BINI BINI PRADEEP PRADEEP Date: 2025.02.19 15:03:59 +0530

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before Civil Judge Class – I, Gharghoda, District – Raigarh in the ends of justice.”

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At the outset, learned counsel for respondent No.1, on instruction, submitted an undertaking that respondent No.1 would not alienate the suit property in the near future, as such, this miscellaneous appeal may be disposed of by directing the trial Court to decide civil suit bearing No. 10A/2024 pending before Civil Judge Class-I, Gharghoda Distt. Raigarh, expeditiously, till then, he is ready to maintain status-quo.

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In view of the aforesaid undertaking given by respondent No.1, learned counsel for the appellants extends his support and submits that since respondent No.1 is giving his undertaking to maintain status-quo, therefore, this appeal may be disposed of.

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Learned counsel for respondent No.3 also extends his support for aforesaid contention of learned counsel for respondent No.1. 5. Having considered the undertaking given by respondent No.1, this petition is disposed of. The parties are directed to maintain status-quo in respect of suit property till disposal of the civil suit and the trial Court is directed to expedite the trial of Civil suit No.10A/2024 (Bhavani Shankar Sahu & Ors. vs. Shivprasad & Ors.) and conclude the same as early as possible, preferably within six months from the date of receipt/submission of a copy of this order. It is further observed that the parties shall cooperate with the trial Court for expeditious disposal of the civil suit.

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Accordingly, the appeal stands disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Bini

Bhavani Shankar Sahu v. Shivprasad

Case brief

What is this about?

What did the court decide?

Bhavani Shankar Sahu v. Shivprasad

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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