✦ Chhattisgarh High Court

Raghuveer Pradhan v. Fagulal Pradhan

RAKESH MOHAN PANDEY

Case at a glance

Provisions considered

Key paragraphs

  • Para 66. Consequently, the petition fails and is hereby dismissed.
  • Para 77. In view of the above, interim order dated 17.02.2020 passed by the coordinate bench of this Court stands vacated. Sd/- (Rakesh Mohan Pandey) Judge

Judgment

HIGH COURT OF CHHATTISGARH AT BILASPUR WP(227) No. 183 of 2020

1. Raghuveer Pradhan S/o Late Alekhram Pradhan Aged About 54 Years Occupation - Agriculture Work, R/o Village - Jurda, Tahsil And District – Raigarh, Chhattisgarh

2. Subhashini D/o Late Alekhram Aged About 50 Years W/o Keshav Kolta, R/o Village - Jurda, Tahsil And District – Raigarh, Chhattisgarh –---- Defendant No. 01 And 02 Versus ... Petitioners

1. Fagulal Pradhan S/o Alekhram Pradhan Aged About 58 Years Occupation - Government Service, R/o Village - Jurda, Tahsil And District - Raigarh Chhattisgarh. (Plaintiff )

2. State Of Chhattisgarh Through Collector, Raigarh, District - Raigarh Chhattisgarh. (Defendant No. 03) ... Respondents For Petitioners For Respondent No. 1 For Respondent No. 2 : : : None appeared even in two round Mr. Priyank Rathi, Advocate Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11/04/2025

1.

The petitioners have challenged the order passed by the learned District Judge, Raigarh in Misc. Civil Appeal No. 27/2019 dated

30.11.2019, whereby the application moved by the plaintiff under Order 39 Rules 1 and 2 of CPC was allowed. 2

2.

Mr. Priyank Rathi, learned counsel appearing for respondent No. 1/plaintiff would submit that the civil suit is at stage of plaintiff's evidence and the learned Appellate Court after examining 03 ingredients of temporary injunction passed order in his favour.

3.

Mr. Shubham Bajpai, learned Panel Lawyer appearing for respondent No. 2 would support the order passed by the learned Appellate Court.

4.

Heard learned counsels for the respective respondents.

5.

Taking into consideration the fact that the suit is at evidence stage and there is no representation on behalf of the petitioners even in two round and the learned Appellate Court passed well reasoned order, therefore, I am not inclined to interfere with the order dated 30.11.2019 passed by the learned District Judge, Raigarh (C.G.).

6.

Consequently, the petition fails and is hereby dismissed.

7.

In view of the above, interim order dated 17.02.2020 passed by the coordinate bench of this Court stands vacated. Sd/- (Rakesh Mohan Pandey) Judge

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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