High Court Of ChhattisgarhWP227/676/2021disposed off

Lilakram v. Durga Bai

2021-12-02Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 676 of 2021

1. Lilakram S/o Late Ramchandra Aged About 65 Years,

2. Gangotri Bai W/o Lilakram Aged About 60 Years,

3. Gyanik Lal S/o Lilakram Aged About 30 Years,

4. Shasahikala @ Rani D/o Lilakram Aged About 27,

5. Ku. Devi D/o Lilakram Aged About 22 Years,

6. Ku. Deepmala D/o Lilakram Aged About 19 Years, All by Cast Kurmi, R/o Village Jhaphal, Tehsil Lormi, District Mungeli Chhattisgarh. ---- Petitioners

Versus

1. Durga Bai D/o Lilakram Aged About 40 Years Cast Kurmi, R/o Village Nanapuri, Tehsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

2. The State Of Chhattisgarh Through Collector, District Mungeli Chhattisgarh. --- Respondents For Petitioners :

Mr. A.K. Prasad, Advocate For Respondent- :

Mrs. Astha Shukla, Dy. G.A.

State S.B. - Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02.12.2021

1. Heard on petition.

2. It is submitted that the opportunity to the petitioners/defendants for examining their witnesses was closed by the trial Court vide order dated 16.03.2021. Subsequent to that the trial has not been concluded because of the corona pandemic situation and the case is still pending before the trial Court. It is the submission of the counsel for the petitioner that the case is now fixed for final arguments on 13.12.2021, therefore, considering the hardship that has been

faced by the petitioners because of corona pandemic situation they may be given one single opportunity for producing their evidence before the trial Court.

3. State counsel opposes the submission and submits that no final order has been passed in the impugned order.

4. After considering on the submissions and for the sake of proper adjudication of dispute between the parties this petition is disposed of at motion stage.

5. The impugned order dated 16.03.2021 is set aside. The trial Court is directed to grant only one single opportunity to the petitioner for producing his evidence for examination before the trial Court and for this the date shall be fixed on appearance of the parties on the next date fixed for hearing. No adjournment shall be granted on the day fixed for recording of evidence. Subsequent to that the trial Court shall disposed off the case at the earliest.

6. With the aforesaid observation/ direction, the writ petition stands disposed off.

7. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge yasmin