Sharda Prasad Yadav v. Jagdish Prasad Yadav

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 66 of 2016 • Sharda Prasad Yadav S/o Late Shri Heera Lal Yadav, Aged About 62 Years • Jagannath Prasad Yadav S/o Late Shri Heera Lal Yadav, Aged About 52 Years • Smt. Kalsha Bai Yadav Wd/o Shri Gyan Prasad Yadav, Aged About 41 Years All R/o Parchrighat, Juna Bilaspur, Tahsil & District Bilaspur (Chhattisgarh) ---- Petitioners

Versus

• Jagdish Prasad Yadav S/o Late Shri Heera Lal Yadav, Aged About 57 Years R/o Porter South- Eastern Railway, Railway Fatak, Akaltara, District Janjgir Champa (Chhattisgarh) • Commissioner, Municipal Corporation, Bilaspur (Chhattisgarh) • State Of Chhattisgarh, Through Collector, Bilaspur (Chhattisgarh) ---- Respondents For Petitioners : Shri K.P.S.Gandhi, Advocate For Respondent No.1 : None present.

For Respondent No.2 : Shri Manoj Mishra, Advocate For Respondent No.3/State : Shri Vivek Sharma, G..A.

Hon'ble Shri Justice Pritinker Diwaker Order On Board 29/01/2016 According to the counsel for the petitioners/plaintiffs their application filed under Order 39 Rule 1 & 2 CPC has been dismissed by the learned Civil Judge and against which appeal has been preferred by the petitioners. Limited prayed of the petitioners is that direction may be issued to the appellate court to decide the pending appeal of the petitioners expeditiously. Counsel appearing for respondents 2 & 3 have pointed out that the case is fixed for 05.02.2016 and therefore no such direction is required.

Be that as it may, it is expected from the appellate court to decide the appeal preferred by the petitioners expeditiously in accordance with law. Petition is accordingly disposed of.

It is made clear that this Court has not observed anything on merits of the case and the appellate authority would be at liberty to decide the case in accordance with law.

Sd/- Pritinker Diwaker Judge suguna