The court prioritizes timely decisions on pending applications to uphold legal processes.

Order on Board

17 . 01.2025

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 This hon'ble Court may please be kind enough in directing the Court of Ld. II Civil Judge, Class -1, Mungeli, District-Mungeli, Chhattisgarh to release & return to petitioner the Original Rin Pustika of land bearing Khasara No.320/9 (Area 1.96 Acres) and Khasara No.321/2 (Area 0.36 Acres) situated in Village Bundeli, Tahsil & District: Mungeli, Chhattisgarh, which is filed by the respondent No.2 in the aforesaid Civil Suit No.25 A/2021.

10.2 This hon'ble court may please be kind enough in directing the respondent No.2 to pay a lumpsum of Rs.2 Lakh Rupees as compensation with interest towards harassment & legal expenses suffered by petitioner.

10.3 This honourable Court may please be kind enough in cost of proceedings and any other relief. ”

2. Learned counsel for the petitioner submitted that respondent No. 2 has filed a suit for declaration of title and permanent injunction pertaining to survey No. 320/9, 321/2 situated at village Bundeli, Tahsil & District Mungeli, Chhattisgarh and the same is pending consideration before the learned Second Civil Judge, Class I, District Mungeli since 13.01.2021. He would further submit that the Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का of the petitioner was submitted by the plaintiff/respondent No. 2 before the learned Court below. He would also submit that an application was moved by the petitioner for releasing the Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का under Section 151 of CPC on 09.01.2023. It is contended that the application moved by the petitioner has not been decided by the concerned Court. He would pray for a direction to the concerned Court to decide the application moved by the petitioner and to release the Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का. It is further contended that in the absence of Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का, the petitioner could not sell his paddy.

3. On the other hand, learned counsel appearing for the State would oppose.

4. Taking into consideration the fact that the Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का of the petitioner was placed on record by the plaintiff/respondent No. 2 before the learned Court below, and thereafter, the petitioner moved an application for the release of the said Rin Pustika/ऋण पुቜኌ(cid:6)(cid:7)का on 09.01.2023, but till date the application has not been decided; therefore, this petition is disposed of with a direction to the concerned Court i.e. Second Civil Judge, Class I, District Mungeli to decide the pending application of the petitioner expeditiously, preferably within a period of 45 days from the date of receipt of a copy of this order.

5. With regard to compensation as claimed by the petitioner, the petitioner would be at liberty to take recourse to law.

6. With the aforesaid observation(s), the instant petition is hereby disposed of