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High Court Of ChhattisgarhWP227/950/2015withdrawn

Gajanand Baiga v. Jagat Ram Baiga

2016-02-24Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.950 of 2015

1. Gajanand Baiga S/O Vriksh Ram Baiga, Aged About 31 Years Caste Majhwar, R/O Village Rupunga, Police Station & Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh)..........................Plaintiff

2. Pandru Baiga, S/O Gitari Baiga, Aged About 56 Years Caste Majhwar, R/O Village Rupunga, Police Station & Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh)..........................Plaintiff

3. Chamar Roy, S/O Gitari Baiga, Aged About 46 Years Caste Majhwar, R/O Village Rupunga, Police Station & Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh)..........................Plaintiff ---- Petitioner

Versus

1. Jagat Ram Baiga S/O Budhu, Aged About 41 Years Caste Of Majhwar, R/O Village Rupunga, Police Station & Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh).........................Defendant

2. Thakur Ram Baiga, S/O Seetaram Baiga, Aged About 53 Years Caste Of Majhwar, R/O Village Rupunga, Police Station & Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh).........................Defendant

3. State Of Chhattisgarh, Through : The Collector Raigarh, Police Station Chakradhar Nagar, Tahsil & District Raigarh (Chhattisgarh), Civil & Revenue District Raigarh (Chhattisgarh)........................Defendant ---- Respondents Shri Ratnesh Kumar Agrawal, counsel for the petitioners. Shri Shivendra Bharadwaj, counsel for respondents 1 & 2. Shri SC Khakharia, Dy. Advocate General for the State/respondent No.3.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 24.02.2016.

At the outset, it is submitted on behalf of the petitioners that they may be permitted to withdraw the instant petition with liberty to file appropriate application for temporary injunction regarding not to alienate the property till the pendency of the said civil suit

before the Court below and the same may be disposed of after hearing the parties on its merits in accordance with law. 2.

As prayed, the instant petition is disposed of as withdrawn without any appreciation on its merits reserving aforesaid liberty. 3.

On perusal of the impugned order dated 19.10.15, it appears that the nomenclature of the Judge concerned is shown as Judicial Magistrate First Class, Dharamjaigarh whereas the impugned order is concerned with Civil Suit No.9A/15 passed by presiding officer Civil Judge Class-II, Dharamjaigarh. 4.

The Court below is directed to remain cautious in future to state the correct nomenclature below his name and signature. The petitioner may a file copy of the order before the Court below for compliance.

5.

The Registrar (Judicial) is also directed to send a copy of this Order to the Court below for compliance and to mention his correct nomenclature in the order in future.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini