Sanad Patel v. Samaru Vishwakarma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 446 of 2016 • Sanad Patel S/o Vishram Patel, Aged About 45 Years R/o. Village Darba, Up Tahsil Mandir Hasaud, Tahsil Arang, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. Samaru Vishwakarma S/o Late Kali Ram Vishwakarma, Aged About 50 Years R/o. Village Darba, Up Tahsil Mandir Hasaud, Tahsil Arang, District Raipur (Chhattisgarh)

2. State Of Chhattisgarh, Through : The Collector, Raipur, District Raipur (Chhattisgarh) ---- Respondent For Petitioner Mr. C.R. Sahu, Advocate For Respondent /State Mr. P.K. Bhaduri, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 1/8/2016

1. Heard.

2. The petitioner is aggrieved by the order passed by the trial Court, whereby, the trial Court has refused to grant a decree on account of settlement/compromise between the parties.

3. If this writ petition under Article 227 of the Constitution of India is allowed and the decree is passed in terms of compromise, the suit will come to an end, therefore, the impugned order is revisable under Section 115 of Cr.P.C..

4. In view of the availability of alternative remedy before this Court, the petition is not maintainable and it is accordingly dismissed with liberty to the petitioner to prefer Civil Revision in accordance with law.

5. The certified copy of the impugned order be returned to learned counsel for the petitioner after retaining photocopy of the same. Sd/- Judge (Prashant Kumar Mishra) Shyna