2024:CGHC:33717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(227) No.77 of 2023

1 - Praful Majithiya S/o Late Shri Jayanti Bhai Majithiya Aged About 60 Years R/o Samata Colony, Near, Santoshi Nagar Garage, Raipur, Chhattisgarh

2 - Smt. Nirmala Majithiya W/o Late Shri Jayanti Bhai Majithiya Aged About 85 Years R/o Samata Colony, Near, Santoshi Nagar Garage, Raipur, Chhattisgarh ... Petitioners versus

1 - Jeevan Lal Prajapati S/o Ramcharan Prajapati R/o Amapara, G.E. Road, Shaheed Chunamani Ward No. 16, Raipur, Chhattisgarh (deleted) through:-

1(A) Manish Prajapati, S/o Late Jeeval Lal Prajapati, aged about 40 years, R/o Near Bunkar Samiti (Sangh) Office, Amapara, G.E Road, Raipur (CG)

1(B) Arun Prajapati, S/o Late Jeeval Lal Prajapati, aged about 35 years, R/o Near Bunkar Samiti (Sangh) Office, Amapara, G.E Road, Raipur (CG)

2 - Shankar Lal Prajapati S/o Ramcharan Prajapati R/o Amapara, G.E. Road, Shaheed Chunamani Ward No. 16, Raipur, Chhattisgarh 3 - Smt. Indu D/o Ramcharan Prajapati R/o Amapara, G.E. Road, Digitally signed by SISTLA NEELIMA Shaheed Chunamani Ward No. 16, Raipur, Chhattisgarh VISHNU PRIYA Date:

2024.09.04

18:03:30 +0530

4 - Nagar Palika Nigam Through Its Commissioner, Azad Chowk Road, Near Mahila Police Thana, Chottapara, Janta Colony, Raipur, Chhattisgarh

5 - Samata Housing Board Co-operative Society Samata Colony, Raipur, Chhattisgarh

6 - Raipur Development Authority Through Its Chief Executive Raipur, Chhattisgarh

7 - State Of Chhattisgarh Through The Collector, Collectorate, Kutchery Chowk, Raipur, Chhattisgarh

8 - Jitendra Kumar Sahu S/o Chotelal Kumar Sahu R/o District Danganiya, District- Raipur, Chhattisgarh

9 - Kishhore Kumar Sahu S/o Chotelal Kumar Sahu R/o District Danganiya, Raipur, Chhattisgarh

10 - Yogesh Agrawal S/o Shri Ramji Lal Agrawal R/o Near Rathore Chowk, Ramsagar Para, Raipur, Chhattisgarh

11 - Omprakash Bhangla S/o Late Shri Madanlal Bhangla R/o Samata Colony, Near, Santoshi Nagar Garage, Raipur, Chhattisgarh 12 - Paras Surana S/o Late Shri Amarchand Surana R/o Samata Colony, Raipur, Chhattisgarh ... Respondents For Petitioners : Shri Harsh Mandhar Rastogi appears on behalf of Shri Vivek Chopda, Advocates.

For respective : Shri Yogendra Pandey on behalf of Shri Animesh Respondents Tiwari, Dr. Sudeep Agrawal, Shri Surya Pratap Yudhveer Singh, Shri Bharat Rajput, Advocates and Shri Rajeev Bharat, G.A.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order on Board

03.09.2024

1. Heard on IA No.02/2023, an application under Order 22 Arule 4 CPC for amendment.

2. On due consideration of the reasons assigned therein, the same is allowed. Necessary amendment be carried out by today itself before Reader of the Court.

3. With the consent of learned Counsel for the parties, the matter is heard finally.

4. This Petition has been filed under Article 227 of the Constituion of India assailing the legality and validity of the order dated 04.01.2023 passed by the 1^st Civil Judge, Class-1, Raipur in Civil Suit No.3266-A/2010, whereby the application filed under Order 7 Rule 14(3) CPC for taking additional documents on record was dismissed and vide order dated 10.01.2023, the application filed under Order 17 Rule 1 CPC seeking adjournment was also dismissed and opportunity for adducing evidence by the Plaintiff was closed.

5. Brief facts of the case are that the Petitioners/Plaintiffs have filed a Civil Suit for declaration and permanent injunction. In the said suit, at the stage of recording Plaintiff evidence, additional documents which were materially needed for fair adjudication could not be filed by the earlier Counsel and after changing the said Counsel, by way of an application under Order 7 Rule 14(3) CPC, a prayer was made for taking the same on record, which was dismissed on 14.01.2023 imposing cost of Rs.500/-. Further, on 10.01.2023, as Petitioner/Plaintiff No.1 was not well for which, he has also annexed medical certificate but the trial Court, assigning the reason that the case is more than 10 years old, has dismissed