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2025 Supreme(Online)(CHH) 2634

HIGH COURT OF CHHATTISGARH
Rakesh Mohan Pandey J
Tamaskar @ Tamrakar Patel – Appellant
Versus
Manatora Bai – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bharat Rajput
For the Respondent No. 9: Mr. Sanjeev Ku. Agrawal

Order on Board

22/01/2025

1. The plaintiff/petitioner have filed this petition challenging therein order dated 23.09.2024 passed in Civil Suit No. 2-A/2022 by the learned Civil Judge, Junior Division Saja, District Bemetara (C.G.), whereby an application moved by defendants No. 1 to 4 under Order 6 Rule 17 of CPC was allowed.

2. The plaintiff filed a civil suit for declaration for joint ownership, partition, permanent injunction and separate possession of suit property, situated at Village Hedaspur, Patwari Circle No. 14, Tehsil Thankhamhariya, District Bemetara (C.G.).

3. The defendants No. 1 to 4 filed their written statement.

4. The learned trial Court framed issues and case was set for evidence of the parties. At this stage, defendants moved an applications under Order 8 Rule (1) (A) of CPC on 17.01.2024; under Order 6 Rule 17 of CPC on 16.02.2024; under Order 7 Rule 11 of CPC on 16.02.2024; under Order 6 Rule 17 of CPC on 13.03.2024 and under Order 8 Rule 1 (A) of CPC on 13.03.2024. The learned trial Court allowed first and second applications with cost of Rs.200/-. The third application moved under Order 7 Rule 11 was rejected. Another application moved under Order 8 Rule 1 (A) of

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