Nandlal Prasad (Dead) v. Vishram (Dead)
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.942 of 2018
1. Nandlal Prasad (Dead) Through their Legal representatives:- (a). Smt Urwashi Devi Tiwari Aged About 78 Years, daughter of Nandlal Prasad, wife of Shri Sanat Kumar Tiwari resident of School Road, Choubey Colony, Raipur (CG) (b) Narendra Kumar Tiwari Aged About 68 Years, son of Late Nandlal Prasad Tiwari, resident of Azad Chowk, Brahman Para, Raipur (CG) (c) Surendra Tiwari Aged About 65 Years son of Late Nandlal Prasad Tiwari resident of 9 Dungaji Colony, Raipur (CG) ----Petitioners
Versus
1. Vishram (Dead) Through Their Legal Representatives:- (a) Beniram Patel, aged about 60 Years son of Vishram Patel, resident of village Darba, Mandir Hasaud, Raipur (CG) (b) Shiv Kumar Patel, aged about 52 Years son of Vishram Patel, resident of village Darba, Mandir Hasaud, Raipur (CG) (c) Sant Patel, aged about 48 Years son of Vishram Patel, resident of village Darba, Mandir Hasaud, Raipur (CG) (d) Smt. Bundabai, aged about 78 years, wife of Vishram Patel, resident of village Darba, Mandir Hasaud, Raipur (CG)
2. Ganesh Ram (Dead) through their legal representatives:- (a) Hemwati, aged about 74 years, wife of Late Ganesh Ram, resident of village Darba, Mandir Hasaud, Raipur (CG) (b) Rajiv Marar, aged about 50 years, son of late Ganesh Ram, resident of village Darba, Mandir Hasaud, Raipur (CG) (c) Dilip Marar, aged about 45 years, son of Ganesh Ram resident of village Darba, Mandir Hasaud, Raipur (CG)
3. Somnath, aged about 70 years, son of Late Baijnath Marar, resident of village Darba, Mandir Hasaud, Raipur (CG)
4. Narayan (Dead), through their legal representatives:- (a) Vinod, aged about 46 years, son of Late Narayan, resident of village Darba, Mandir Hasaud, Raipur (CG) (b) Pramod, aged about 28 years, son of Late Narayan, resident of village Darba, Mandir Hasaud, Raipur (CG)
5. Smt. Sonkuwar, wife of Late Baijnath Marar (Dead), their legal representatives are already on reocrd
6. Smt. Kant Devi, wife of Sharda Prasad Mishra, aged about 66 years, resident of Prahalad Niwas, Satti Bazar, Raipur (CG)
7. Ramkumar Sharma, son of Nandlal Prasad Tiwari, aged about 60 years, resident of Narendra Bhawan, Brahaman Para, Raipur (CG)
8. Smt. Sarla Devi, wife of Murari Lal Shukla, Through Vishavdeep Shukla, residnet of Rajkumar College Campus, Raipur (CG)
9. Virendra Kumar Tiwari, son of Nandlal Prasad Tiwari, aged about 52 years, resident of 27 South Avenue, Choubey Colony, Raipur (CG) ---- Respondents ----------------------------------------------------------------------------------------------------- For Petitioners :
Mr.Ashish Surana, Advocate ----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 02/11/2018
1. Learned counsel for the petitioners/decree holders would submit that legal representatives of the deceased/judgment debtor No.1 Vishram has already brought on record by order dated 15.2.2018 and there is no other order, which is said to be not complied with by the petitioners, yet the execution has been dismissed on the ground that it is pending since 1984.
2. I have heard learned counsel for the petitioners.
3. Since it is case of the petitioners that order has been complied with, which is apparent from 15.2.218, the petitioners are at liberty to make suitable application within 15 days from today before the said Court and the said Court will re-verify whether legal representatives have been brought on record well in time and there is no non-compliance and if it is found correct, restore it
and thereafter after hearing the parties to proceed the execution of the decree in accordance with law.
4. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).
Sd/- (Sanjay K.Agrawal) Judge B/-