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High Court Of ChhattisgarhWP227/404/2021disposed off

Bhagwati Das Agrawal v. Santosh Singh Chawla

2021-08-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.404 of 2021 • Bhagwati Das Agrawal S/o Late Rishikesh Agrawal Aged About 62 Years R/o Ambedkar Chowk, Baloda Bazar, Tahsil And Post Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh ---- Petitioner

Versus

1. Santosh Singh Chawla S/o Kuldeep Singh Chawla Aged About 42 Years

2. Manjeet Chawla S/o Kuldeep Singh Chawla Aged About 38 Years

3. Kuldeep Chawla S/o Harisingh Chawla Aged About 64 Years (All are r/o Ambedkar Chowk, Baloda Bazar, Tahsil And Post Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.)

4. State Of Chhattisgarh Through The Collector, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.

---- Respondents For Petitioner - Mr. Pushpendra Kumar Patel, Advocate.

For Respondents No.1, 2 and 3 - Mr. Umesh Verma, Advocate. For State/respondent No.04 - Mrs. Hamida Siddiqui, Dy. A.G. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-08-2021 Heard.

1. Learned State counsel accepts notice for respondent No.04.

2. This petition under Article 227 Constitution of India has been brought being aggrieved by the order dated 29.07.2021 passed by the learned trial Court, the Court of Civil Judge, Class-II, Balodabazar, DistrictBalodabazar-Bhatapara, C.G., dismissing the application filed under

-2Section 151 of C.P.C. praying for order of status-quo with respect to the suit property.

3. Considered on the submissions, as it appears that the application under Order 39 rule 1 and 2 read with Section 151 of C.P.C. is still pending and the interim relief that is being sought by the petitioner can be obtained by him in that application which can be pursued. Therefore, this petition is disposed off at the motion stage. The learned trial Court is directed to expedite the proceeding on application under Order 39 Rule 1 and 2 of C.P.C. and decide the same preferably within a period of 01 month from the date of this order.

4. Accordingly, this petition stands disposed off. Sd/- Monika (Rajendra Chandra Singh Samant) Judge