Roop Narayan v. Bechan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Appeal No.9 of 2018

1. Roop Narayan, son of Sitaram, aged about 72 years, resident of Surajpur City, Tahsil Surajpur, District Surajpur, C.G.

2. Kunti Bai, Widow of Late Shivnarayan, aged about 74 years,

3. Ramesh Kumar, son of Late Shivnarayan, aged about 54 years,

4. Suresh Kumar, son of Late Shivnarayan, aged about 49 years,

5. Uma Devi, Daughter of Late Shivnarayan, aged about 39 years, No.2 to 5 are residents of Darripara, Tahsil Surajpur, District Surajpur, C.G., Civil and Revenue District Surajpur ---- Appellants versus

1. Bechan, son of Ramsevak, aged about 58 years,

2. Ishwar Prasad, son of Ramsevak, aged about 56 years, No.1 and 2 are residents of Surajpur City, Tahsil Surajpur, District Surajpur, C.G. Correct Address: Village Darripara, P.S. Bhaiyathan, District Surajpur

3. Suresh, son of Ramkishun, aged about 49 years,

4. Premlata, Wife of Babulal, aged about 56 years, No.3 and 4 are residents of Surajpur City, Tahsil Surajpur, District Surajpur, C.G.

5. Mohan, son of Sitaram, aged about 63 years, resident of Surajpur City, Tahsil Surajpur, District Surajpur, C.G.

--- Respondents For Appellants :

Shri B.P. Sharma, Advocate For Respondent No.5 :

Shri Pushpendra Kumar Patel, Advocate For other Respondents :

None Hon'ble Shri Justice Arvind Singh Chandel Order on Board 16.5.2018 1.

Heard on admission.

2.

Paragraph 3 of the impugned order dated 30.12.2017 passed by the First Appellate Court reveals that the Respondents have not

raised any new/fresh construction nor have they any plan to raise any construction in future and the property in dispute is in possession of the Respondents. On the basis of above, it would be appropriate that the present appeal may be disposed of with an observation that the First Appellate Court shall decide the appeal pending before it as early as possible.

3.

Therefore, the 1st Additional District Judge, Ambikapur is directed to decide Miscellaneous Civil Appeal No.1A of 2017 as early as possible, preferably within a period of four months from the date of receipt of a copy of this order.

4.

Accordingly, the instant appeal is disposed of with the aforesaid observation.

Sd/- (Arvind Singh Chandel) Judge Gopal