Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District v. 1. Madhukar Shende S/o
Case Details
1 SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.04.16 17:04:12 +0530 2025:CGHC:17110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 329 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District - Raipur (C.G.), Through - Its Regional Officer Shri Vijyendra Upadhyay S/o Late Shri Radheshyam Upadhyay, Aged About 64 Years, R/o C-191, First Floor, Tagore Nagar, Raipur, District - Raipur (C.G.), (Plaintiff) --- Petitioner(s) versus 1. Madhukar Shende S/o Shri Domani Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil - Dongargarh, District - Rajnandgaon (C.G.), (Defendent No. 1) 2. Shrimati Shalini Singh W/o Shri Devendra Pratap Singh Aged About 46 Years R/o Quarter No. 66/1, Nehru Nagar East, Bhilai, Tehsil And District - Durg (C.G.), (Defendent No. 2) 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit Kurud, Bhilai, Registration No. D.R./103, Durg, Tehsil And District - Durg (C.G.), Through - Its Liquidator / President Rajendra Verma, (Defendent No. 3) 4. State Of Chhattisgarh Through - District Collector, Durg, District - Durg (C.G.), (Defendent No. 4) --- Respondent(s) with WP227 No. 330 of 2025
Legal Reasoning
Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District Raipur Chhattisgarh Through Its Regional Officer, Shri Vijyendra Upadhyay S/o Late Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-191, First Floor, Tagore Nagar, Raipur, District Raipur Chhattisgarh ---Petitioner(s) Versus
Legal Reasoning
1. Madhukar Shende S/o Shri Domani @ Domaji Shende Aged About 62 Years Ex-Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil Dongargarh, District Rajnandgaon, Chhattisgarh (Defendent No. 1) 2. Shrimati K. Bharti W/o Shri K. Jagmaiyya Aged About 46 Years R/o Plot No. 297, Ward No. 26, Shyam Nagar, Camp No. 2, Bhilai, Tehsil And District Durg, Chhattisgarh (Defendent No. 2) 2 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit Kurud, Bhilai, Registration No. D.R./103, Durg, Tehsil And District Durg, Chhattisgarh Through Its Liquidator/ President - Rajendra Verma (Defendent No. 3) 4. State Of Chhattisgarh Through District Collector, Durg, District Durg, Chhattisgarh (Defendent No. 4) --- Respondent(s) with WP227 No. 331 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District Raipur Chhattisgarh Through Its Regional Manager, Shri Vijyendra Upadhyay S/o Late Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-191, First Floor, Tagore Nagar, Raipur, District Raipur Chhattisgarh ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Domaji Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil Dongargarh, District Rajnandgaon, Chhattisgarh (Defendent No. 1) 2. T.N. Singh W/o Shri H.S. Thakur Aged About 39 Years R/o Quarter No. 5-A, Road No. 24, Sector-1, Bhilai, Tehsil And District Durg, Chhattisgarh (Defendent No. 2) 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit Kurud, Bhilai, Registration No. D.R./103, Durg, Tehsil And District Durg, Chhattisgarh Through Its Liquidator/ President - Rajendra Verma (Defendent No. 3) 4. State Of Chhattisgarh Through District Collector, Durg, District Durg, Chhattisgarh (Defendent No. 4) --- Respondent(s) with WP227 No. 333 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit, C-119, First Floor, Tagore Nagar, Raipur, District, Raipur C.G., Through Its Regional Officer, Shri Vijendra Upadhyay S/o (Late) Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-119, First Floor, Tagore Nagar, Raipur, District, Raipur C.G. ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Domani Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil Dongargarh, District Rajnandgaon, C.G. 2. Shrimati Sunia Singh W/o Shri Nand Lal Singh Aged About 46 Years R/o Plot No. 517, Suryatown-Van, Surya Vihar Colony, Junwani, Tehsil And District Durg C.G. 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit, Kurud Bhilai, 3 Registration No. D.R./103, Durg, Tehsil And District Durg, C.G. Through, Its Liquidator/president- Rajendra Verma. 4. State Of Chhattisgarh Through District Collector, Durg, District Durg, C.G. --- Respondent(s) with WP227 No. 334 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District Raipur, C.G., Through- Its Regional Officer, Shri Vijyendra Upadhyay S/o (Late) Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-191, First Floor, Tagore Nagar, Raipur, District- Raipur (C.G.) ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Domaji Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil Dongargarh, District Rajnandgaon, C.G. 2. Shrimati Meena Singh W/o Shri Bachhan Singh Aged About 50 Years R/o Plot No. 74, Near Lohia House, Kailash Nagar, Kurud, Bhilai, Tehsil And District Durg (C.G.) 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit, Kurud, Bhilai Registration No. D.R./103, Durg, Tehsil And District Durg, Cg Through- It's Liquidator/president- Rajendra Verma 4. State Of Chhattisgarh Through- District Collector, Durg, District Durg, C.G. --- Respondent(s) with WP227 No. 337 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District- Raipur (C.G.) Through - Its Regional Manager Shri Vijyendra Upadhyay S/o (Late) Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-191, First Floor,tagore Nagar, Raipur, District- Raipur, C.G. ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Dimani Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil - Dongargarh, District- Rajnandgaon, C.G. 2. Shrimati K.Bharti W/o Shri K. Jagmaiyya Aged About 46 Years R/o Plot No. 297, Ward No. 26, Shyam Nagar, Camp No. 2, Bhilai, Tehsil And District- Durg, (C.G.) 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit Kurud, Bhilai, Registration No. D.R./103, Durg, Tehsil And District- Durg, C.G. Through- Its Liquidator/president-Rajendra Verma. 4. State Of Chhattisgarh Through- District Collector, Durg, District- Durg, C.G. 4 with --- Respondent(s) WP227 No. 338 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District - Raipur (C.G.), Through - Its Regional Officer Shri Vijyendra Upadhyay S/o Late Shri Radheshyam Upadhyay, Aged About 64 Years, R/o C-191, First Floor, Tagore Nagar, Raipur, District - Raipur (C.G.), (Plaintiff) ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Domani Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil - Dongargarh, District - Rajnandgaon (C.G.), (Defendent No. 1) 2. Shrimati Pramila Singh W/o Shri Virendra Singh Thakur Aged About 50 Years R/o Quarter No. 5-A, Road No.- 24, Sector -1, Bhilai, Tehsil And District - Durg (C.G.), (Defendent No. 2) 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit Kurud, Bhilai, Registration No. D.R./103, Durg, Tehsil And District - Durg (C.G.), Through - Its Liquidator / President Rajendra Verma, (Defendent No. 3) 4. State Of Chhattisgarh Through - District Collector, Durg, District - Durg (C.G.), (Defendent No. 4) --- Respondent(s) with WP227 No. 339 of 2025 Chhattisgarh Rajya Sahkari Aawas Sangh Maryadit C-191, First Floor, Tagore Nagar, Raipur, District Raipur, C.G., Through- Its Regional Officer, Shri Vijyendra Upadhyay S/o (Late) Shri Radheshyam Upadhyay, Aged About 64 Years R/o C-191, First Floor, Tagore Nagar, Raipur, District Raipur, C.G. ---Petitioner(s) Versus 1. Madhukar Shende S/o Shri Domani Shende Aged About 62 Years Ex- Liquidator (Retired), In Front Of Petra Niwas, Dongargarh, Tehsil Dongargarh, District Rajnandgaon, C.G. 2. Shrimati Gita Devi Agrawal W/o Shri Gopal Das Agrawal Aged About 62 Years R/o Village Adesh Nagar, Rewa Road, Satna, Tehsil And District Satna, Madhya Pradesh 3. Priyadarshani Grih Nirman Sahkari Samiti Maryadit, Kurud, Bhilai Registration No. D.R./103, Durg, Tehsil And District Durg, C.G., Through- Its Liquidator/president- Rajendra Verma 4. State Of Chhattisgarh Through- District Collector, Durg, District Durg, C.G. --- Respondent(s) (Cause Title is taken from Case Information System) 5 For Petitioner For State : Mr. Mahendra Dubey, Advocate : Mr. Pramod Shrivastava, and Ms. Shailja Shukla, Dy. Government Advocates Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15. 04.2025 1. The above captioned Writ Petitions involve common questions of law and
Decision
facts therefore they were heard together and are being disposed of by this common order. 2. The petitioner has filed these petitions challenging orders passed by the learned 4th District Judge, Durg in Miscellaneous Civil Appeal Nos. 67/2023, 68/2023, 74/2023, 71/2023, 73/2023, 69/2023, 66/2023 and 70/2023 dated 07.12.2024, whereby Miscellaneous Appeals preferred by the petitioner under Order 43 Rule 1 of CPC have been dismissed and the order passed by the learned trial Court in Civil Suit Nos. 68A/2018, 71A/2018, 70A/2018, 67A/2018, 66A/2018, 64A/2018, 65A/2018 and 63A/2018 respectively, have been affirmed. 3. The facts of the present case are that the petitioner/plaintiff filed Civil Suits No. 68A/2018, 71A/2018, 70A/2018, 67A/2018, 66A/2018, 64A/2018, 65A/2018 and 63A/2018 for declaration of title and permanent injunction inter alia on the ground that respondent No. 3 borrowed loan from the petitioner/society for development of plots and the subject property was mortgaged. Respondent No. 3/society failed to repay the installments, therefore, a liquidator was appointed. The liquidator sold the plots to respondent No. 2 of these writ petitions through registered sale-deeds. The petitioner/society challenged the sale-deeds including the right of respondent No. 1 to alienate the plots. The petitioner moved applications 6 under Order 39 Rules 1 & 2 of CPC in Civil Suits. The learned Trial Court vide orders dated 05.08.2023, 25.07.2023, 08.08.2023, 05.08.2023, 08.08.2023, 25.07.2023, 08.08.2023 and 25.07.2023 respectively, rejected the applications moved by the petitioner for temporary injunction on the ground that subject plots have already been sold by defendant No. 1 to defendant No. 2 through registered sale-deeds and the petitioner is not in possession. The petitioner challenged those orders passed in various Civil Suits by filing Miscellaneous Appeals under Order 43 Rule 1 of CPC. The learned appellate Court dismissed all appeals affirming the findings recorded by the learned trial Court. 4. Mr. Mahendra Dubey, learned counsel appearing for the petitioner would submit that respondent No. 1/liquidator had no authority of law to execute the sale-deed during the liquidation proceedings in favour of defendant No. 2 of all Civil Suits. He would further submit that the subject property was mortgaged with the petitioner, and therefore, the liquidator was not competent to execute sale-deeds. He would also submit that defendant No. 2 of all Civil Suits may further alienate the property and create a third party interest, therefore, a protective order may be passed in favour of the petitioner. 5. On the other hand, learned counsels appearing for the State would oppose. They would submit that the petitioner is not in possession of the suit property and this fact is evident from pleadings made in the plaint. They would further contend that the liquidator exercising its power, executed sale-deeds in favour of defendant No. 2 of all Civil Suits. They would also submit that if the petitioner succeeds in pending Civil Suits, his right would be protected according to the provisions of Section 52 of the Transfer of Property Act, 1882. They would contend that there is a concurrent finding 7 recorded by the learned Trial Court and Appellate Court, and therefore, these petitions deserve to be dismissed. 6. I have heard learned counsel appearing for the parties and perused the documents placed on the record. 7. From a perusal of the plaints, it is apparent that the subject property was mortgaged by defendant No. 3 with the petitioner for the development of plots. Respondent No. 3 failed to make payment of installments; therefore, a liquidator was appointed. The liquidator alienated the plots through registered sale-deeds in favour of defendant No. 2. 8. Admittedly, the petitioner is not in possession of the suit plots. The learned Courts below have considered this aspect of the matter and categorically held that the prima facie case, the balance of convenience and irreparable injury are not in favour of the petitioner, and thus, the applications for temporary injunction and appeals were dismissed. 9. Taking into consideration the facts and circumstances of the case, I do not find any other plausible view in these cases. Accordingly, all writ petitions are dismissed. However, alienation of plots or creation of a third party interest shall be subject to the final outcome of the pending civil suits and the petitioner would be at liberty to defend its rights according to provisions of Section 52 of the Transfer of Property Act. 10. The Civil Suits have been pending since 2018; therefore, the learned trial Court is directed to expedite the proceedings. Sd/- (Rakesh Mohan Pandey) Judge $iddhant