Ghasiram v. Chhotelal @ Devendra Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 678 of 2021 1.

Ghasiram S/o Jhingu Aged About 68 Years 2.

Khatau S/o Jhingu Aged About 65 Years 3.

Dharamlal S/o Jhingu Aged About 58 Years All by Caste Kahara, R/o. Village Adbhar, Tahsil- Malkharouda, District- Janjgir-Champa, Chhattisgarh.

---- Petitioners

Versus

1.

Chhotelal @ Devendra Kumar S/o Yadunandan Pandey CasteBrahman, R/o Adbhar, Tahsil- Malkharauda, District- Janjgir-Champa, Chhattisgarh 2.

State Of Chhattisgarh Through The District Magistrate/ Collector, Janjgir, District- Janjgir-Champa, Chhattisgarh. ---- Respondents ------------------------------------------------------------------------------------------------------ For Petitioner : Mr. Ishwar Jaiswal, Advocate Hon'ble Shri Rajendra Chandra Singh Samant Order on Board 03.12.2021 Heard 1.

This petition has been brought being aggrieved by the order dated 25.10.2021 by which the learned trial Court has allowed the application filed by the respondents No.1 under Section 94 (C) of C.P.C. and passed the order against the petitioner for maintaining status-quo with respect to the suit property. This order was passed exparte without giving opportunity of hearing to the petitioner. Therefore, the impugned order is unsustainable.

2.

Learned State represented respondent No.2 opposes the submissions.

3.

After considering on the submissions and perusing the documents placed on record, this petition is disposed off at motion stage. The learned trial Court of First Additional District Judge, Sakti, District - Janjgir-Champa is directed to expedite the proceeding in the Appeal No.17A/2021 and decide the same at the earliest within a period of two months from today.

4.

With these observations, this petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Balram