Janki Ram v. Nanki

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.753 of 2019

1. Janki Ram, S/o Shri Ramdhan, aged about 65 years, R/o Village Kenapara, P.S. & Tahsil Baikunthpur, District Koriya (C.G.)

2. Rampratap, S/o Shri Ramdhan, aged about 45 years, R/o Village Basdevpur, P.S. & Tahsil Baikunthpur, District Koriya (C.G.) (Plaintiffs) ---- Petitioners

Versus

1. Nanki, Wd/o Late Shivlal, aged about 42 years,

2. Vajelal, S/o Late Shivlal, aged about 26 years,

3. Dhaniram, S/o Late Shivlal, aged about 22 years, All are R/o Village Kenapara, Police Station & Tahsil Baikunthpur, District Koriya (C.G.)

4. U.K. Shrivastava, aged about 45 years, Patwari, Halka No. 514, Tahsil Baikunthpur, District Koriya (C.G.)

5. Faiyaz Alam, S/o Mohd. Ameen, aged about 50 years, Charcha Colliery, Tahsil Baikunthpur, District Koriya (C.G.)

6. State of Chhattisgarh, Through the Collector, Koriya (C.G.) (Defendants) ---- Respondents For Petitioners:

Mr. Ashok Kumar Shukla, Advocate.

For Respondent No.6 / State: - Miss Anjali Singh Chouhan, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/10/2019

1. By the impugned order dated 5-8-2019, the plaintiffs' opportunity to lead further evidence has been closed.

2. Learned counsel for the petitioners / plaintiffs submits that plaintiff No.1 has examined himself and he was cross-examined also, but on that day only one witness Rampratap was present, but other

witnesses could not be produced as they remained busy due to agricultural operations, therefore, the plaintiffs be permitted to examine Rampratap, Chattar Sai and Ramdev on the next date of hearing, as the case is fixed on 10-10-2019.

3. Taking into consideration that the plaintiffs have taken interest and plaintiff No.1 has already been examined and Rampratap was said to be present on 5-8-2019 and the plaintiffs are contesting the case with all due diligence, the plaintiffs are permitted to examine Rampratap, Chattar Sai and Ramdev on the next date of hearing subject to payment of cost of ₹ 2,000/- to defendants No.1 to 5. No further adjournment will be granted on the next date of hearing. Defendants No.1 to 5 shall be at liberty to file application for modification of this order, if any.

4. The writ petition stands finally disposed of. No order as to cost(s).

5. Certified copy tomorrow.

Sd/- (Sanjay K. Agrawal) Judge Soma