Shiv Shankar Sao Vs Smt. Osho Devi - Dead. through Lrs. — Chhattisgarh HC (2026)

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1

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2026:CGHC:6370

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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HIFZURRAHMAN ANSARI

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Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.02.10 10:43:41 +0530

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WP227 No. 1005 of 2023

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1 - Shiv Shankar Sao S/o Lt. Ram Hari Sao Aged About 60 Years R/o Village Mahuganwa, District Palamu (Jharkhand) At Present Address Bhathupara, Ambikapur District Surguja (C.G.)

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2 - Samarnath S/o Lt. Ramkhelawan Aged About 60 Years R/o Village Jarhadih, P.S. And Tehsil Balrampur, District Balrampur-Ramanujganj (C.G.) 3 - Shivnath S/o Lt. Ramkhelawan Aged About 55 Years R/o Village Jarhadih, P.S. And Tehsil Balrampur, District Balrampur-Ramanujganj (C.G.) 4 - Baijnath S/o Lt. Ramkhelawan Aged About 53 Years R/o Village Jarhadih, P.S. And Tehsil Balrampur, District Balrampur-Ramanujganj (C.G.)

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5 - Brijmal S/o Lt. Ramkhelawan Aged About 51 Years R/o Village Jarhadih, P.S. And Tehsil Balrampur, District Balrampur-Ramanujganj (C.G.)

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... Petitioner(s)

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versus

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1 - Smt. Osho Devi - Dead. Through Lrs. Nil 1.1 - (A) Girwar Sao S/o Late Tilakdhari Sao Aged About 60 Years R/o Village Baskepi, District Balrampur-Ramanujganj (C.G.) 1.2 - (B) Satyanarayan S/o Late Tilakdhari Sao Aged About 55 Years R/o Village Baskepi, District Balrampur-Ramanujganj (C.G.) 1.3 - (C) Sunita M/o Radha Aged About 25 Years R/o Village Baskepi, District BalrampurRamanujganj (C.G.)

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2 - Smt. Sechwa Devi (Dead) Through Lrs. Nil 2.1 - (A) Rambriksh S/o Lalsao Aged About 50 Years R/o Village Jarhadih, P.O. Jarhadih, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.) 2.2 - (B) Shivkumar S/o Lalsao Aged About 47 Years R/o Village Jarhadih, P.O. Jarhadih, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.) 2.3 - (C) Shivmuni S/o Lalsao Aged About 45 Years R/o Village Jarhadih, P.O. Jarhadih, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.)

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2

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2.4 - (D) Krishna S/o Lalsao Aged About 42 Years R/o Village Jarhadih, P.O. Jarhadih, P.S.

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Balrampur, District Balrampur-Ramanujganj (C.G.) 2.5 - (E) Pawan S/o Lalsao Aged About 40 Years R/o Village Jarhadih, P.O. Jarhadih, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.) 3 - Smt. Sugi (Dead) Through Lrs. Nil 3.1 - (A) Kripa Prasad S/o Lt. Shri Rambarat Sao Aged About 50 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramnujganj (C.G.)

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3.2 - (B) Rajeshwar Prasad Gupta S/o Lt. Shri Rambarat Sao Aged About 60 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.)

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3.3 - (C) Ganga Prasad Gupta S/o Lt. Shri Rambarat Sao Aged About 55 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.) 3.4 - (D) Promila D/o Lt. Shri Rambarat Sao Aged About 52 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.)

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4 - Ramratan (Dead) Through Lrs. Nil 4.1 - (A) Dhirendra Gupta S/o Lt. Ramratan Gupta Aged About 40 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.) 4.2 - (B) Satish Gupta S/o Lt. Ramratan Gupta Aged About 35 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.)

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5 - Sharda Prasad S/o Late Tilakdhari Sao Aged About 56 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur (C.G.)

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6 - State Of Chhattisgarh Through Collector, Balrampur-Ramanujganj (C.G.)

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7 - Gulab Sao (Died And Deleted) As Per Honble Court Order Dated 23-01-2025

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7.1 - Subhash Chandra Gupta S/o Late Gulab Sav Aged About 60 Years R/o Khajuri, P.O. Baskepi, Chowki Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj, (C.G.)

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7.2 - Gyan Chandra Gupta S/o Late Gulab Sav Aged About 55 Years R/o Khajuri, P.O. Baskepi, Chowki Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj, (C.G.)

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8 - Ramautaar Sao (Died And Deleted) As Per Honble Court Order Dated 23-01-2025

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8.1 - Ramswaroop Gupta S/o Late Ramavatar Aged About 46 Years R/o Tuhulpatthar, P.O. Baskepi, Chowki Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj, (C.G.)

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8.2 - Dinesh Gupta S/o Late Ramavatar Aged About 42 Years R/o Tuhulpatthar, P.O. Baskepi, Chowki Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj, (C.G.)

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8.3 - Nandlal Gupta S/o Late Ramavatar Aged About 40 Years R/o Tuhulpatthar, P.O. Baskepi, Chowki Ganeshmod, P.S. Balrampur, District- Balrampur-Ramanujganj, (C.G.)

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9 - Dhirendra Gupta S/o Late Ramratan Gupta Aged About 40 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.) 10 - Satish Gupta S/o Lt. Ramratan Gupta Aged About 30 Years R/o Baskepi, P.S. Chando, Tehsil Kusmi, District Balrampur-Ramanujganj (C.G.)

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3

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11 - Mukesh Gupta S/o Shivkumar Sao Aged About 25 Years Pitamah Mandodri, R/o Village Kevli, Tehsil Ramanujganj, District Balrampur-Ramanujganj (C.G.)

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12 - Ramprasad Sao S/o Shri Balgovind Sao Aged About 55 Years Mata Mandori, R/o Village Kevli, Tehsil Ramanujganj, District Balrampur Ramanujganj (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Sunil Tripathi with Ms. Varsha Sharma, Advocate For Respective : Mr. Sanjay Agrawal, Advocate, Mr. Rishikant Mahobia, Respondent(s) Advocate and Mr. Mayur Khandelwal, PL,

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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04.02.2026

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The petitioners have filed this writ petition seeking for the following reliefs.

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“10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioners in order dated 13.10.2023 passed by the learned passed in Civil Judge Class-II Rajpur, District -Balrampur in Civil Suit No. 26A/2015.

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10.2 That, this Hon'ble Court may kindly be pleased to set-aside the order dated 13.10.2023 whereby learned Civil Judge Class-II Rajpur, District Balrampur wrongly rejected the application for amendment and direct to pay the court fees as per the market value. (ANNEXURE P-1).

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10.3 This Hon'ble Court may kindly be pleased to grant any other relief which deem fits by this Hon'ble Court.

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10.4 Cost of the petition also given to him.”

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Learned counsel for the petitioners submits that the present writ petition challenges the order dated 13.10.2023 Annexure P/1 passed by the learned Civil Judge, Class-II, Rajpur, District Balrampur–Ramanujganj (CG) in Civil Suit No. 26-A/2015. By the impugned order, the petitioners, who were the plaintiffs in the said civil suit were directed to pay the appropriate court fee. The writ petition was filed in the year 2023 and notices were issued to the respondents; however, no interim order was passed in favour of the petitioners. Consequently, the proceedings in the civil suit continued before the learned Civil Judge. It is further submitted that the said civil suit came to

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be dismissed by the learned Civil Judge on 28.11.2025 for want of prosecution. In these circumstances, learned counsel submits that the petitioners are required to move an appropriate application for restoration of the said suit. Since no proceedings are presently pending before the learned Civil Judge, it is prayed that the present writ petition may be disposed of, granting liberty to the petitioners to challenge the impugned order afresh in the event the civil suit is restored. The aforesaid submission is not opposed by the learned counsel appearing for the respondents.

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Accordingly, the writ petition is disposed of with the aforesaid liberty. All pending applications, if any, also stand disposed of.

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Sd/-

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(Sachin Singh Rajput)

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Judge

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H.Ansari

Shiv Shankar Sao v. Smt. Osho Devi - Dead. through Lrs.

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Shiv Shankar Sao v. Smt. Osho Devi - Dead. through Lrs.

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