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[Cites 1, Cited by 2]

Chattisgarh High Court

Smt. Kiran Singh vs Shailesh Kumar 31 Wp227/669/2019 Murli ... on 3 September, 2019

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                                                 1

                                                                                        NAFR
                  HIGH COURT OF CHHATTISGARH AT BILASPUR
                                    WP227 No. 674 of 2019
        1. Smt. Kiran Singh D/o Late Krishna Kumar Singh, Aged about 36
             years, Occupation - Housewife, R/o Omnagar, Jarhabhata, P.S.
             Civil Line, Tahsil and District Bilaspur, Chhattisgarh.

        2. Smt. Dipti Singh D/o Late Krishna Kumar Singh W/o Shri Rohan
             Shrestha, Aged about 33 years, Occupation- Housewife, R/o
             Deviganj Road, In front of Panchsheel Sweets Ambikapur, P.S. and
             Tahsil Ambikapur, District Surguja, Chhattisgarh.

                                                                --- Petitioners/Plaintiffs

                                            Versus

        1. Shailesh Kumar S/o Late Krishna Kumar Singh, Occupation-
             Agriculture and Business, Aged about 41 years, R/o Village Chalta,
             P.S. Tahsil Sitapur, District Surguja, Chhattisgarh.

        2. State of Chhattisgarh, Through the Collector Surguja, Ambikapur,
             District Surguja, Chhattisgarh.

                                                         ---- Respondents/Defendants

For Petitioners : Mr. Vikash Pandey, Advocate For State : Mr. Akash Pandey, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/09/2019

1. Learned counsel for the petitioners/plaintiffs submits that application filed by the plaintiffs under Order 39 Rule 3 of the CPC has been rejected by the trial Court but thereafter, application filed by them under Order 39 Rule 1 and 2 of the CPC is not being 2 taken up for hearing though notice has been served to the defendants.

2. Be that as it may, learned trial Court is directed to consider and decide the application under Order 39 Rule 1 and 2 of the CPC filed by the petitioners/plaintiffs within 10 days from the date of receipt of a copy of this order as the defendants have already been served with notice of the civil suit and temporary injunction.

3. With the aforesaid direction, this writ petition stands disposed of. No cost(s).

4. A copy of this order be sent to the concerned trial Court by e-mail/fax.

Sd/-

(Sanjay K. Agrawal) Judge Harneet