Dhurandhar Builders And Developers v. Smt. Kusum Tai Baraskar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 402 of 2017 (Arising out of judgment/order dated 16.1.2017 in Writ Petition (227) No.24 of 2017 of the learned Single Judge) Dhurandhar Builders And Developers Through The Partner Keshav Dhurandhar, S/o Late Mahendra Dhurandhar, Aged About 65 Years, R/o Sunder Nagar, Raipur, District Raipur, Chhattisgarh.

---- Appellant

Versus

1. Smt. Kusum Tai Baraskar W/o Sahab Rao Baraskar, R/o Behind Durga Sailun, In Front of Puma Construction, House Of Vinod Dubey, Raipura Chowk, Raipur, Tahsil And District Raipur, Presently R/o Krishna Sakha Society, Plot No. 29, Rohnipuram, Raipur, District Raipur, Chhattisgarh.

2. State Of Chhattisgarh, Through Collector, Raipur, District Raipur, Chhattisgarh. ---- Respondents ___________________________________________________________________ For Appellant :

Shri Awadh Tripathi, Advocate.

For Respondent/State :

Shri R.K. Gupta, Deputy Advocate General.

___________________________________________________________________ Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sanjay Agrawal, Judge.

Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 04/12/2017 1.

We have heard the learned counsel for the Appellant and the learned Deputy Advocate General.

2.

The Plaintiff in a suit pending before a Civil Court is the Appellant. A writ petition filed by the Appellant invoking Article 227 of the Constitution was adjudicated as one such and dismissed. In terms of the proviso to Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, an appeal against

such an order does not lie to the Division Bench. We are therefore unable to accede to the persuasive submission of the learned counsel for the Appellant that the Plaintiff being the domimus litis was eligible to relief at the hands of the learned Single Judge. This appeal has necessarily to fail on the question as to the jurisdiction to entertain the appeal to the Division Bench. 3.

In the result, this appeal is dismissed.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Anu