Suresh Kumar v. Raj Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 441 of 2019 Suresh Kumar S/o Dhana Ram aged about 50 years, R/o VillageKaskela, Police Station- Bhatgaon, Tahsil and District Sarguja (Now Surajpur) Chhattisgarh ---- Petitioner

Versus

1. Raj Kumar S/o Dakhal aged about 48 years, occupation- Cultivator

2. Sadhu Ram, S/o Dakhal, aged about 58 years, Occupation- Service, Present Addres- Village- Devnagar, Police Station- Surajpur Chhattisgarh

3. Sudarshan So Sadhu Ram aged about 36 years, OccupationCultivtor, Present Address- Village Devnagar, Police Station- Surajpur Chhattisgarh All are permanent resident of Village- Kaskela, Police StationBhatgaon, Tahsil and District Sarguja Chhattisgarh ---- Respondents For Petitioner :

Mr. Gyan Prasad Shukla, Advocate.

For Respondents :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/06/2019

1. Learned counsel appearing for the petitioner would submit that the proceeding for non-compliance of order dated 07-01-2011 passed in Misc. Civil Suit No. 01/2009 in Suresh Kumar vs. Rajkumar and others, petitioner filed an application under Order 39 Rule 2(A) of the CPC on 03-02-2011 and that last for more than eight-years but that

proceeding still has not been concluded.

2. I have heard learned counsel for the petitioner and perused the record with utmost circumspection.

3. The proceeding under Order 39 Rule 2(A) of the CPC ought to have been disposed of within the reasonable time that has not been done though pending since 03-02-2011.

4. Be that as it may, learned Civil Judge, Class II, Surajpur is directed to conclude and decide the proceeding No. 59/2015 within one month from the receipt of copy of this order in accordance with law.

5. A copy of this order be sent to the concerned trial Court for needful compliance.

Sd/- (Sanjay K. Agrawal) Judge Pawan