Prabhu Dayal Kesharwani v. Govind Ram Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.246 of 2017

1. Prabhu Dayal Kesharwani Son of Late Shri Indrajit Prasad Kesharwani, aged bout 70 years,

2. Naval Kumar Kesharwani, Son of Late Shri Indrajit Prasad Kesharwani, aged about 55 years, Both are R/o. Village - Hasuwa, Tehsil Kasdol, District -Balouda Bazaar-Bhatapara (CG) ---Petitioners

Versus

1. Govind Ram Sahu S/o Late Ramprasad Sahu, aged about 45 years, R/o. Village-Hasuwa, Tehsil-Kasdol, District-Balouda Bazaar-Bhatapara (CG)

2. State of Chhattisgarh, Through the Collector, Balouda BazarBhatapara, District Balouda Bazaar-Bhatapara (CG) ---Respondents For Petitioners :

Mr.V.K.Pandey, Advocate For Respondent No.1 :

Mr.Sumit Shrivastava, Advocate For Respondent No.2 :

Mr.Bhaskar Payasi, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/05/2017 1.

The petitioners application for sending the judgment debtor into civil jail has been rejected by the trial Court. However, the trial Court has directed for issuance of fresh warrant of possession. Sufficient and valid reasons have been assigned for rejecting the application for sending the judgment debtor in jail, in which I do not find any jurisdictional error. 2.

The decree is of 31.10.2003 for delivery of possession to the plaintiff which which has not been executed as yet. The trial Court is directed to take effective steps and get the decree executed expeditiously

as per law without further loss of time.

3.

With the aforesaid observation, the writ petition finally stands disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) JUDGE B/-