Arvind Kumar v. Dr. Sharadchand Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(227) No. 199 of 2016

1. Arvind Kumar, S/o Shri Kripashankar Singh, aged about 52 years, R/o Quarter No. 9-A, Sector 10, Bhilai, Tahsil and District Durg, Chhattisgarh ---- Petitioner

Versus

1. Dr. Sharadchand Agrawal, S/o Late Shri Rajiv Lochan Agrawal, aged about 58 years, R/o Baniyapara, Durg, Tahsil and District Durg, Chhattisgarh.

2. Municipal Corporation Bhilai, G.E. Road, Ward No. 5, Thana Supela, Bhilai, District Durg, Tahsil and District Durg, Chhattisgarh

3. State of Chhattisgarh, through the Collector/Ex-Officio Secretary, District Durg, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Amrito Das, Advocate.

For Respondent No. 1 :

Mr. Alok Bakshi, Advocate.

For Respondent No. 2 :

Mr. H.B. Agrwal, senior Adv.

Assisted by Ms. Preeti Yadav, Adv.

For Respondent No. 3/State : Mr. Ashish Surana, PL.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/11/18 1.

The writ petition is directed against the impugned order dated 04.02.2016 by which the trial Court has rejected the application of the petitioner regarding valuation of the suit.

2.

Learned counsel for the parties fairly submit that the issue No. 5 has been framed with regard to the valuation of the suit, as such it can be considered by the trial Court after recording the evidence of the parties. 3.

In view of the above, the writ petition is disposed of directing the trial Court to dispose of the issue/preliminary objection with regard to the

valuation of the suit in accordance with law without being prejudice by the observation made in the impugned order.

4.

With the aforesaid direction, the writ petition stands disposed of. No cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka