M/S G. K. Developers Share Holder Firm v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 542 of 2017 M/s G. K. Developers Share Holder Firm Through Shri Abhishek Atlani, Aged About 30 Years S/o Shri Suresh Atlani, R/o Shanker Nagar Raipur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through District Magistrate, Raipur, District Raipur (Chhattisgarh).

2. Sub Divisional Officer ( Revenue ) & Land Records Officer, Office Of Sub Divisional Officer ( Revenue ) & Land Record Officer, Raipur (Chhattisgarh). ---- Respondents For Petitioner : Shri Yogesh Chandra Sharma, Advocate.

For Respondents : Shri Dhiraj Wankhede, GA.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/08/17 By the impugned order dated 06.07.2017, the trial Court has allowed the application filed by the defendant/State under Order 9 Rule 7 of CPC against which this writ petition has been preferred. 2.

Mr. Sharma, learned counsel for the petitioner would vehemently submit that without there being good cause, the application under Order 9 Rule 7 CPC has been allowed.

3.

On the other hand, learned State counsel would support the impugned order of the trial Court.

4.

I have heard learned counsel for the parties. 5.

In the considered opinion of this Court, the trial Court has fairly and categorically recorded the finding that the good cause has been established by the defendant/State to set aside the ex-parte order. It is

neither perverse nor contrary to record. I do not find any good ground to entertain the writ petition.

6.

Accordingly, the writ petition deserves to be and is hereby dismissed.

Sd/- (Sanjay K. Agrawal) Judge Priyanka