HIGH COURT OF CHHATTISGARIX AT BUASPVR WRIT PETITION No. 746 of2003 PETITIONERS RESPQNDENTS : 1 Badri Pmsad, aged 70 years, S/o Bhag Prasad, Caste-Kesharwani, R/6 Bhogahapara, Sheorinarayan, Tahsi! Sheoriaarayan, District Janjgir-Champa (C.G.). (Since deceased) through:- 1. Mangal Ram, aged 55 years, 2. Anil Kumar aged 43 years, 3. Arun Kumar aged 41 years, 4. Bablu Ram, aged 29 years, All the applicant from 1 to 4 are S/o Badri Prasad, Oeeupation Business, R/o Shivri Narayan, Tahsil Navagarh, Dislrict Jmygir- Champa(C.G.) VERSU8 State of Chhattisgarh, through Collector, District Janjgir-Champa (C.G.) 2. Deepak Kumar, S/o Balaram, aged 35 years, Caste-Kesharwani, R/'o Sheorinarayan, Tateil Sheorinarayan, District Jaiajgir-Champa. 3. Chandrika Prasad, S/o Muritmm, aged 51 years. 4. Kedamath, S/o Muritram Kesharwani, aged 45 years, R/'o Bhogahapam, Sheorinary^i. 5. Mohar Bai, W/o Balram Kesharani; aged 53 years, R/o Mahantpara, Sheorinarayan. 6. Heeralal, S/o Jivanlal, aged 35 years, Wo Sukulpara, Kharaud. 7. Ramkali Bai, W/o Hari Kesharwani, aged 45 years, R/o Saragaon, TabsiI-Champa, District Janjgir-Champa. 8, Shail Kumari, W/o Rameshwar Prasad Kesharwani, aged 42 years, R/o Nawagarh, Tahsil Nawagarh, Distriet Janjgir-Champs, 9. Heera Kumari, W/o Shri Kumar Kesharwani, aged 35 years, R/o Sirpur, Tahsil BiNgarh, District Raipur, presently residing at Budhwari Bazar, Korba. 10. Shrawan Kumar, S/o Mohan Lal ^rawal, aged 30 years, R/o Bhogahapara, Tahsil Sheorinarayan, District Janjgir-Champa. 13. Prahlad Kumar, S/o Mohan Lal, aged 21 years, R/'o Bhogahapara, Tahsil Sheorinarayan, District Janjgir-Chajnpa. 12. Jaitram, S/o Mahettar Aditya, aged 50 years, Bfci^^^i.i^ffiuB R/o Barra, Tahsil Nawagarh, Distriet Janjgir- Champa. 13. Balram, S/o Mahetar Aditya, aged 45 years, R/o Barra, Tahsil Nawagarh, District Janjgir- Champa. WRirPEmiONUNDERARnCLE2270FlHECONSTmjnONOFINDIA. Sinde Bench: Hon'Ne Justice Shri Satish K. Agnihotri. Present: Shri Rajiv Shrivastava, Advoeate for the petitioners. Shri Satish Gupta, Dy. Govt. Advocate for the State/respondent No. 1. Shri Awadh Tripathi, Advocate for respondent no. 2. QM>ER (Passed on 30th day ofApril, 2007) 1. Leamed counsel appeari.ng for the petitioCTers submits that the matter may be disposed of with a direction to the leamed trial court to consider and deeide the pending suit within a reasonable time; to which the leamed counsel appearing for respondent no. 1 and 2 have no objection. 2. Despite notice, other respondents have chosen not to appear in the matter. 3. Leamed counsel appearing for the petitioner forther submite Ifaat Ae impugned order dated 29.01.2002 may be modified to the extent that the partition proceedings may go on but final orders shall not be passed till the final disposal ofthe civil suit No. 175-A/2001 pending before the Court of Civil Judge, Class II, Janjgir, now traasferred to Nawagarh, to which the leamed eounsel appearing for the respondents 1 and 2 have no objection. It is ordered accordingly. 4. The pending civil suit No. 175-A/2001 may be decided expeditiously, as eariy as possible, preferably within a period ofthree months. 5. In view of the above, this petition stands disposed of, No order as to costs. —-—— Sd/- Satish K. Agnihotri Judgs Amit