High Court Of ChhattisgarhWP227/887/2019disposed off

Brij Bai v. Jamuna Bai

2019-11-26Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 887 of 2019 • Brij Bai W/o Uday Ram Aged About 70 Years Caste Satnami, R/o Village Barbaspur, Tahsil Korba, District Korba, Chhattisgarh ---- Petitioner

Versus

1. Jamuna Bai W/o Late Shri Ramprasad Aged About 40 Years Caste Satnami, R/o Village Barbaspur, Tahsil Korba, District Korba, Chhattisgarh

2. Pilababu S/o Dukalu Aged About 90 Years Caste Satnami

3. Gangaram S/o Late Shri Ramprasad Aged About 55 Years Caste Satnami

4. Darasram S/o Late Shri Ramprasad Aged About 45 Years Caste Satnami

5. Parasram S/o Late Shri Ramprasad Aged About 43 Years Caste Satnami (respondent No.2 to 5 are r/o Village Barbaspur, Tahsil Korba, District Korba, Chhattisgarh)

6. Tahsildar Korba, Tahsil And District Korba, Chhattisgarh

7. State Of Chhattisgarh Through Collector, Korba, District Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. B.L. Bhardwaj, Advocate.

For State/respondents No.6 & 7 : Mr. Priyanshu Gupta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-11-2019 Heard.

1. This petition has not been brought against any particular order passed in Civil Suit No.A-10/2017 pending before the Additional Judge to the Court of First Civil Judge Class 1, Korba, C.G.

2. Learned counsel for the petitioner submits that the petitioner is the

-2recorded owner of the suit property against which the respondent No.1/plaintiff has filed a frivolous suit which is pending before the trial Court. The trial Court is not making any efforts for the speedy disposal of the case and the pendency has crossed more than 2 and a half years. The petitioner prays for issuance of a direction for speedy disposal of the said Civil Suit.

3. After perusing the certified copy of the order sheets filed, it is found that the suit was filed on 17.03.2017. After the appearance of the defendant, number of dates were given for filing of W.S., thereafter, the case has lingered on because of filing of a number of interlocutory applications.

4. The petitioner, who is defendant No.1, in that case claims the right of speedy disposal. Therefore, for this reason alone, I feel inclined to dispose off this petition at motion stage. The petition is disposed off and the trial Court is directed to conclude the trial preferably within a period of one year from the date this order is communicated to the said Court.

5. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge