Sanad Patel v. Samaru Vishwakarma

HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No.115 of 2016 Sanad Patel, son of Shri Vishram Patel, aged about 45 years, R/o. Village Darba, Up Tahsil Mandir Hasaud, Tahsil Arang, District Raipur (CG).

----Applicant

Versus

1.

Samaru Vishwakarma, son of late Kali Ram Vishwakarma, aged about 50 years, R/o. Village Darba, Up Tahsil Mandir Hasaud, Tahsil Arang, District Raipur (CG).

2.

State of Chhattisgarh, through the Collector, Raipur, District Raipur (CG).

----Non-applicants For Applicant :

Shri C.R. Sahu Advocate.

For Non-applicants :

Shri Om Prakash Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/08/2016 (1) Heard on I.A.No.01, application for condonation of delay under Section 5 of the Limitation Act in filing the civil revision. (2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the civil revision and, therefore, I.A. No.01 is allowed. Delay in filing the civil revision is hereby condoned.

(3) The trial Court, by its impugned order dated 13.05.2016 passed in Civil Suit No.245-A/2015 has refused to grant decree on the basis of

compromise entered between the parties. Against which, this civil revision has been preferred by the applicant/plaintiff herein. (4) After hearing learned counsel appearing for the applicant/plaintiff, I do not find any jurisdictional error in the impugned order warranting interference by this Court in exercise of revisional jurisdiction.

(5) Accordingly, the civil revision being without substance is liable to be and is hereby dismissed at admission stage. However, the trial Court is directed to expedite the trial and conclude the same expeditiously.

Sd/- (Sanjay K. Agrawal) Judge L/-