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2024 Supreme(Online)(CG) 9440
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4845 of 2023 Tameshwar Pal S/o Late Khamman Pal Aged About 33 Years R/o Village Kukurmuda, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.).
---- Petitioner Versus
1. Deepa Bai D/o Late Mardan Lodhi Aged About 48 Years R/o Village Chandaini, Post Bazar Atariya, Tahsil Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.).
2. Sohadra Bai D/o Late Mardan Lodhi Aged About 52 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.)
3. Gendlal S/o Late Mardan Lodhi Aged About 60 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-Chhuikhadan-
Gandai (C.G.)
4. Dasoda Bai D/o Late Mardan Lodhi Aged About 70 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.)
5. Dashmat Bai D/o Late Mardan Lodhi Aged About 55 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.)
6. Dhansingh S/o Late Mardan Lodhi Aged About 50 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai (C.G.)
7. Kamesh Janghel S/o Dhansingh Lodhi Aged About 30 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai, C.G.
8. Laxmikant Janghel S/o Dhansingh Lodhi Aged About 29 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai, C.G.
9. Chintaram S/o Gaindram Lodhi Aged About 45 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-Chhuikhadan-
Gandai, C.G.
10. Chhagan Lal S/o Gaindram Lodhi Aged About 35 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai, C.G.
11. Anil Ram S/o Gaindram Lodhi Aged About 39 Years R/o Village Chandaini, Post Bazar Atariya, Tah. Khairagarh, District Khairagarh-Chhuikhadan-
Gandai, C.G.
12. The Tahsildar Khairagarh- Chhuikhadan-Gandai, District- Khairagarh-
Chhuikhadan-Gandai, C.G.
---- Respondents (Cause Title taken from Case Information System)
For Petitioner : Mr. C. K. Kesharwani, Advocate.
For Res./State : Mr. Praveen Das, Deputy Advocate General Hon’ble Mr. Justice Rakesh Mohan Pandey
Order on Board
05.02.2024
1. By way of the instant petition, the petitioner has filed this instant petition with the following prayer (s):
“10.1. That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon’ble Court.
10.2.that, this Hon’ble Court may kindly be pleased to valid and void the judgment and decree dated 19.01.2018 because respondent No. 1 to 11 did not make the promise a party in the civil case, knowing that the said land was sold to the petitioner by the father of respondent No. 1 to 11 and the possession was handed over to him and the Hon’ble Court is requested to direct the petitioner to condon delay in appeal against a exparty judgment and decree.
10.2 that, any other writs and direction which this Hon’ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioner.”
2. The learned counsel for the petitioner seeks permission of this Court to withdraw this instant petition with a liberty to institute a well constituted civil suit along-with an application for grant of temporary injunction.
3. Learned counsel for the respondent/State has no objection in this regard.
4. Permission is granted.
5. In view of the above, the instant petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner.
