Ravindra Kesharwani v. Ramchandra Kesharwani

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No. 656 of 2017 Ravindra Kesharwani, S/o Late Mahadev Kesharwani, aged about 50 years, Occupation- Hotel Management, R/o Kelo Bihar Colony, Raigarh, Tahsil and District Raigarh (C.G.) ---- Petitioner

Versus

1. Ramchandra Kesharwani, S/o Late Raghubeer Prasad Kesharwani, aged about 73 years, Occupation- Retired Teacher, R/o Kelo Bihar Colony, Raigarh, at present R/o Laxmi Lodge in front of Gopi Talkies, Raigarh Tahsil and Districgt- Raigarh (C.G.) ---- Respondent For Petitioner :

Mr. Akath Kumar Yadav, Advocate.

For Respondent :

Mr. Dhiraj Wankhede, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/12/17 1.

In a suit filed by the respondent / plaintiff against the petitioner / defendant to vacate the possession, the trial Court has passed a decree in favour of the respondent / plaintiff on 20.12.2016, being aggrieved against which a review petition has been filed by the petitioner and has moved an application under Section 151 of the C.P.C. which has been rejected by the trial Court by order dated 01.08.2017, hence this writ petition. 2.

Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law and is liable to be set aside. 3.

I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.

4.

After hearing learned counsel for the petitioner and keeping in view that the application for review against the order dated 20.12.2016 filed by the

petitioner / defendant is pending consideration since 30.01.2017, it would be expedient to direct the trial Court to consider and decide the petitioner / defendants' review application expeditiously preferably within a period of 30 days from the date of receipt of copy of this order. 5.

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

Sd/- (Sanjay K. Agrawal) Judge Priyanka