High Court Of ChhattisgarhWP227/1082/2015disposed off

Anwar Paul v. Nirmal Pannalal

2016-01-07Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 1082 of 2015

1. Anwar Paul S/o Babulal Paul, Aged About 42 Years R/o Village Vishrampur, Tahsil Simga, District Balodabazar Bhatapara (Chhattisgarh)......................Defendant

2. Shanta Bai, W/o Babulal Paul, Aged About 60 Years R/o Village Vishrampur, Tahsil Simga, District Balodabazar Bhatapara (Chhattisgarh)......................Defendant

3. Snehlata Paul, W/o Anwar Paul, Aged About 36 Years R/o Village Vishrampur, Tahsil Simga, District Balodabazar Bhatapara (Chhattisgarh)......................Defendant ---- Petitioners

Versus

1. Nirmal Pannalal D/o Shri Henri Robert Pannalal, Aged About 59 Years R/o Village Vishrampur, Tahsil Simgar, District Balodabazar Bhatapara (Chhattisgarh)......................Plaintiff

2. The State Of Chhattisgarh, Through : The Collector, Balodabazar Bhatapara (Chhattisgarh)......................( Defendant No. 2) ---- Respondents For Petitioners :

Shri P.P. Sahu, Advocate.

For Respondent No.2/ State :

Shri S.C. Khakhariya, Deputy A.G.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 07/01/2016 (1) At the outset, Learned counsel for the Petitioners prays that they may be given an opportunity to file two separate interim applications i.e. under Order VI Rule 17 and Order VIII Rule 16A of the Code of Civil Procedure, 1908 (for short 'the Code'). Learned counsel for the Petitioners also prays that after filing the aforesaid two duly constituted applications, opportunity may be given to the other parties to file their reply and after hearing the parties both the interim applications may be disposed of on merits. Learned counsel further prays for direction that the impugned order shall not come in the way for disposal of the aforesaid two interim applications.

-2- (2) On due consideration, the instant WP (227) is hereby disposed of granting an opportunity to the Petitioners to file the above two interim applications duly constituted before the Court below as per the law. Needless to mention that the impugned order dated 4.11.2015 passed by the Court below in Civil Suit No. 26-A of 2013 shall not come in the way for disposal of the said two applications on merits. (3) No order as to costs.

Sd/- (Chandra Bhushan Bajpai) JUDGE Nimmi