Pt. Sunderlal Shrma (Open ) University v. Shweta Khanuja

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 744 of 2019 Pt. Sunderlal Sharma (Open) University, Through its Registrar, Pt. Sunderlal Sharma (Open) University, Birkona, Bilaspur (C.G.) ----Petitioner.

Versus

1. Shweta Khanuja, aged about 30 years, D/o Shri Ranjeet Singh, R/o - H No. 582/2, Ward No. 6, Near Gurudwara, Tarbahar, Sirgitti, Tahsil & District Bilaspur (C.G.)

2. State of Chhattisgarh, Through Collector, Bilaspur (C.G.) ----Respondent/Plaintiff For Petitioner : Shri Neeraj Choubey, Advocate. For Respondent No. 2 : Shri Mateen Siddiqui, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/10/2019 (1) This writ petition is filed against the judgment & decree dated 28.06.2019 passed by 2nd Additional Civil Judge of First Civil Judge, Class-I, Bilaspur in Civil Suit No. 131-A/2018, which is admittedly appealable under Section 96 of the Code of Civil Procedure, as such, the writ petition as framed and filed is not maintainable.

(2) Accordingly, the writ petition is dismissed as not maintainable. However, this will not bar the petitioner/defendant to prefer first appeal under Section 96 of the CPC alongwith application of condonation of delay in filing such an appeal against the judgment & decree of the trial Court. (3) Certified copy of the judgment and decree of the trial Court be returned after furnishing attesting copy thereof.

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