Smt. Manju Kochar v. Kushal

Chhattisgarh HC7 Jan 2025WP227/7/2025

Case brief

AI extract

What is this about?

WP227 No. 7 of 2025; Chhattisgarh High Court Bilaspur; Justice Rakesh Mohan Pandey; 08.01.2025; Order 41 Rule 19 read with Section 151 CPC; restoration of appeal; Appeal No. 30-A/2015; Additional District Judge Link Court Kurud Dhamtari; application pending since 21.01.2020; delay in deciding restoration application; direction/request to expedite appellate proceedings; writ petition disposed of; petitioners Manju Kochar, Rajesh Jain, Babita Kochar, Mamta Nahta, Rakesh Jain; respondents Kushal, Anil, State of Chhattisgarh.

What did the court decide?

The concerned Court (Additional District Judge, Link Court Kurud, District-Dhamtari) was requested to conclude the pending restoration-application proceedings at the earliest; the writ petition was disposed of accordingly. ¶¶25

Smt. Manju Kochar Vs Kushal — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:1072

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 7 of 2025

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1. Smt. Manju Kochar D/o Late Gyanchand Aged About 56 Years W/o Gulabchand, R/o Chhuikhadan, Tahsil And District- Khairagarh-ChhuikhadanGandai, Chhattisgarh.

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2. Rajesh Jain S/o Late Gyanchand Jain Aged About 52 Years OccupationAgriculturist, R/o Village- Bhathagaon, Post And Tahsil-Kurud, DistrictDhamtari, Chhattisgarh.

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3. Smt. Babita Kochar D/o Late Gyanchand Jain Aged About 48 Years W/o Basant Kochar, R/o Chhuikhadan, Tahsil And District- Khairagarh Chhuikhadan-Gandai, Chhattisgarh.

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4. Smt. Mamta Nahta D/o Late Gyanchand Jain Aged About 45 Years W/o Rajesh Nahta, R/o Village- Sankara, Tahsil- Nagri, District- Dhamtari, Chhattisgarh.

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5. Rakesh Jain S/o Late Gyanchand Jain Aged About 42 Years R/o VillageBhathagaon, Post And Tahsil-Kurud, District- Dhamtari, Chhattisgarh.

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... Petitioner(s)

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versus

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1. Kushal S/o Late Dwarikamal Aged About 70 Years R/o Near Gol Bazar, Kurud, Tahsil-Kurud, District- Dhamtari, Chhattisgarh.

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2. Anil S/o Shri Ramesh Aged About 55 Years R/o Near Gol Bazar, Kurud, Tahsil- Kurud, District- Dhamtari, Chhattisgarh.

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3. State Of Chhattisgarh Through Collector, Dhamtari, District- Dhamtari, Chhattisgarh.

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... Respondent(s) For Petitioners : None, even in second round For Respondent No.3/ State : Mr. Vedant Shadangi, P.L.

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Hon’ble Shri Justice Rakesh Mohan Pandey Judgment of Board

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08.01.2025

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1. By way of this petitioner, petitioners have sought following relief(s):- 10.1 This Hon’ble Court may kindly be pleased to direct the learned First Appellate Court to decide the application under Order 41 Rule 19 read with Section 151 of Code of Civil Procedure for restoration of the appeal No. 30-A/2015, which application is pending

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before the learned Additional District Judge Link Court Kurud, District- Dhamtari (C.G.) since 21.01.2020, in the interest of justice.

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10.2 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.

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2. It appears that an application under Order 41 Rule 19 read with Section 151 of CPC was moved by the petitioners for restoration of the appeal No. 30-A/2015 before the learned Additional District Judge, Link Court Kurud, District-Dhamtari (C.G.) on 21.01.2020 but till date, same has not been decided by the concerned Court.

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3. Taking into consideration the fact that matter is pending consideration before the learned Additional District Judge, Link Court Kurud, DistrictDhamtari (C.G.) since 2020, therefore, the concerned Court is requested to conclude the proceeding at the earliest.

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4. Accordingly, instant writ petition stands disposed of .

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Sd/-

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Rakesh Mohan Pandey JUDGE

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Ajinkya

Smt. Manju Kochar v. Kushal

Case brief

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Smt. Manju Kochar v. Kushal

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