Shankar Gupta Vs Smt. Malti Gupta

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Digitally signed by SUMIT SUMIT KUMAR Date: KUMAR 2026.04.07 18:30:11 +0530

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2026:CGHC:15657

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 402 of 2026

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Shankar Gupta S/o Late Dwarika Prasad Gupta Aged About 54 Years R/o Near Budhimai Mandir, Ramayan Chowk, Chantidih Bilaspur, Tahsil And District- Bilaspur (C.G.)

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... Petitioner(s)

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versus

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1 - Smt. Malti Gupta W/o Gopal Gupta Aged About 51 Years R/o Valmiki Chowk, Shanichari Bazar, Bilaspur, Tahsil And District- Bilaspur (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Ram Kumar Tiwari, Advocate

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(Hon’ble Shri Justice Ravindra Kumar Agrawal, J.)

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Order on Board

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06/04/2026

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Heard.

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The present writ petition has been filed by the petitioner for a limited prayer that the learned Nineth Additional District Judge, Bilaspur may

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be directed to hear and disposed of the stay application (Annexure – P/9) filed by the petitioner in the pending Civil Appeal (Shankar Gupta V/s Smt. Malti Gupta).

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Learned counsel for the petitioner would submit that on 03.08.2023, the petitioner was proceeded ex-parte in the Civil Suit No. 105A/2017 and ultimately, the ex-parte judgment and decree has been passed on 22.06.2024. He claimed the relief in the suit for vacant possession of the suit land bearing Khasra No. 308/4 area 0.005 Hectare situated at Village – Chantidih, Tehsil and District – Bilaspur. On 20.06.2025, the petitioner filed his application under Order 9 Rule 13 of the CPC for setting aside the ex-parte judgment and decree which has been dismissed on 02.03.2026, thereafter, on 20.03.2026, the petitioner has filed the misc. appeal against the order dated 02.03.2026 before the learned Nineth Additional District Judge, Bilaspur which is pending for its consideration. He would further submit that in the appeal, he also moved an application under Order 41 Rule 5 of the CPC for staying the dispossession of the petitioner from the suit land. The case was fixed for 27.03.2026 and 30.03.2026, however, for one or other reason, the case was adjourned and now the case has been fixed for 02.05.2026. He would also submit that in execution of the ex-parte judgment and decree dated 22.06.2024, the respondent is prosecuting her execution proceeding for dispossession of the petitioner and if during pendency of the appeal, petitioner would be dispossessed in the execution of the ex-parte judgment and decree, he would be in difficulty and irreparable loss, and therefore, the learned appellate Court may be directed to decide the application for stay at an early date.

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I have heard learned counsel for the petitioner and perused the material annexed with the petition.

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In the undisputed facts of the case are that the petitioner suffered an ex-parte decree for vacant possession of the suit land and his application under Order 9 Rule 13 of the CPC has already been dismissed on 02.03.2026, against which, he is prosecuting the appeal before the appellate Court, which has been filed on 20.03.2026 and adjourned on 27.03.2026 and 30.03.2026 and presently fixed on 02.05.2026. From perusal of the documents, it also transpires that alongwith the appeal before the appellate Court, he also moved an application for interim relief which is still pending.

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Be that as it may, looking to the limited prayer made by learned counsel for the petitioner, this Court deem it appropriate to direct the appellate Court to decide the interim application filed by the petitioner alongwith his appeal (Shankar Gupta V/s Smt. Malti Gupta) which is said to have been fixed on 02.05.2026, at an early stage. The petitioner is at liberty to move an application before the learned appellate Court for early disposal of his application, and in such eventuality, the learned appellate Court shall consider the same and to pass appropriate orders in accordance with law.

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With the aforesaid observation, the present writ petition is disposed of.

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Sd/(Ravindra Kumar Agrawal) JUDGE

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Sumit

Shankar Gupta v. Smt. Malti Gupta

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Shankar Gupta v. Smt. Malti Gupta

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