Krishna Bahadur Lal Shrivastava vs Sunil Kumar Arora 63 Wps/4519/2007 ... on 23 August, 2018

[Cites 1, Cited by 0]

Chattisgarh High Court

Krishna Bahadur Lal Shrivastava vs Sunil Kumar Arora 63 Wps/4519/2007 ... on 23 August, 2018

Bench: Sanjay K. Agrawal

                                            1

                                                                            NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             WP(227) No. 727 of 2018

     1. Krishna Bahadur Lal Shrivastava, S/o Late Shri Brijmohan Lal Shrivastava,
        aged about 70 years, R/o G-4, Adarsh Nagar, Durg, Tahsil and District Durg
        (C.G.)

     2. Smt. Kanti Devi Shrivastava, W/o Shri Krishna Bahadur Lal Shrivastava,
        aged about 67 years (died)-

        2(a). Smt. Arnima Shrivastava, W/o Raghuvir Prasad Shrivastava, aged
        about 45 years, R/o Infront of Bus Stand, Main Road Basna, Post and Tahsil
        Basna, District Mahasamund (C.G.)

        2(b). Smt. Alpa Shrivastava, W/o Dilip Raj Shrivastava, aged about 38
        years, R/o Dixit Colony, Kosanala, Bhilai, Tahsil and District Durg (C.G.)

     3. Sanjay Shrivastava, S/o Krishna Bahadur Lal Shrivastava, aged about 44
        years, R/o G-4, Adarsh Nagar, Durg, Tahsil and District Durg (C.G.)
                                                      ---- Petitioners (Plaintiffs)

                                      Versus

     1. Sunil Kumar Arora, S/o Shri Kisanlal Arora, aged about 50 years, R/o
        Gurunanak Nagar, Durg, Tahsil and District Durg (C.G.)

     2. Navin Kumar Arora, S/o Shri Kisanlal Arora, aged about 47 years, R/o
        Gurunanak Nagar, Durg, Tahsil and District Durg (C.G.)

     3. Vinod Kumar Arora, S/o Shri Kisanlal Arora, aged about 44 years, R/o
        Gurunanak Nagar, Durg, Tahsil and District Durg (C.G.)

     4. State of Chhattisgarh, through the Collector, Durg, District Durg (C.G.)
                                                 ---- Respondents (Defendants)

For Petitioners : Mr. Ajay Shrivastava, Advocate. For Respondent No. 4/State : Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/08/18

1. The petitioners / plaintiffs application filed under Order 14 Rule 5 of C.P.C. for framing additional issue as to whether the plaintiffs are in possession of the suit land has been rejected by the trial Court on the 2 ground the said issue has been covered in the issues No. 1 and 2 already framed.

2. I have heard learned counsel for the petitioners.

3. The trial Court has already held that issues No. 1 and 2 already framed would cover the issue proposed as to whether plaintiffs are in possession of suit land, therefore, I am not inclined to entertain this writ petition. However, in view of finding of the trial Court, issue of plaintiffs' possession over the suit land will be considered by trial Court while trying issues No. 1 and 2.

4. Accordingly, the writ petition is disposed of with aforesaid observation. No cost(s).

SD/-

(Sanjay K. Agrawal) Judge Priyanka

Unlock Advanced Research with PRISMAI

Chattisgarh High Court