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High Court Of ChhattisgarhWP227/215/2020disposed off

Ram Sharan v. Laxminarayan (Died) Through Legal Representatives

2020-02-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 215 of 2020 1.

Ram Sharan S/o Mahettar Sahu Aged About 36 Years 2.

Mahettar Sahu S/o Brijlal Sahu Aged About 65 Years Both are R/o Village Purgaon, Tahsil Bilaigarh, District Raipur (Now District Baloda Bazar-Bhatapara) Chhattisgarh. ---- Petitioners

Versus

1. Laxminarayan (Died) Through Legal Representatives 1.1 - Tameshwar Kumar Dadsena S/o Laxminarayan Aged About 46 Years 1.2 - Rameshwar Kumar Dadsena S/o Laxminarayan Aged About 36 Years 1.3 - Smt. Sulochana D/o Laxminarayan Aged About 48 Years 1.4 - Smt. Parmodani D/o Laxminarayan Aged About 38 Years 1.5 - Smt. Rekha D/o Laxminarayan Aged About 28 Years All are R/o Village Purgaon, Tahsil Bilaigarh, District Raipur (Now District Baloda Bazar-Bhatapara) Chhattisgarh

2. State Of Chhattisgarh Through The Collector Raipur Now Civil And Revenue, District Baloda Bazar-Bhatapara Chhattisgarh -----Respondents For Petitioners : Mr. Dharmesh Shrivstava, Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board / 02 /20 1.

This petition has been brought not against any specific order but for issuance of direction.

2.

It is submitted that the petitioner have preferred a Second Appeal No.211/2017, which is pending before this Court. This Court has by order dated 08.08.2019 stayed the proceeding of the

Page No.2 execution case against the petitioners, who are defendants in the civil suit, till the next date of hearing. This order was communicated to the learned Execution Court that has been mentioned in the order dated 19.08.2019 in the Execution case No.1/2019. Still the execution proceeding is continuing and petitioners are directed to give appearance there every month. Therefore, specific direction be issued.

3.

State counsel for respondent No.2 makes formal objection. 4.

After perusal of the orders, this petition is disposed of at motion stage. The learned Execution Court is directed to post the execution case on dates, which shall not be less than four months, until the appeal, which is pending before this Court is decided finally.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram