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2017 Supreme(Chh) 702

SANJAY K.AGRAWAL
Chandrahas, S/o Shiviram Kalyani – Appellant
Versus
Birkumar, S/o Late Hiralal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ravi Bhagat, Advocate
For the Respondent:Mr. P.P. Sahu, Advocate, Mr. Majid Ali, P.L.

ORDER :

1. The plaintiff/respondent No.1 herein filed a suit for declaration of title and partition and also for declaration that the order passed by the Tahsildar, Gurur dated 4.3.2016 and the order passed by the Board of Revenue dated 21.1.2016 is null and void. During pendency of the suit, the plaintiff/respondent No.1 filed an application under Section 151 of the CPC read with Section 178(1) of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'Code') that order passed by the Tahsildar, Gurur in Revenue Case No.24A/27/2011-2012 dated 4.3.2016 be stayed during the pendency of civil suit.

2. The trial Court by its impugned order allowed the application filed by the plaintiff/respondent No.1 herein and stayed the order of the Tahsildar, Gurur dated 4.3.2016 directing partition.

3. Feeling aggrieved against the order passed by the trial Court granting application under Section 151 of the CPC, this writ petition has been filed.

4. Mr.Ravi Bhagat, learned counsel for the petitioners, would submit since there is specific provision for granting interim injunction under Order 39 Rule 1 & 2 of the CPC that has not been invoked into and application under Section 151 of the CPC h












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