IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No. a 'zH OF 2008 PETITIONER Defendant No. 1, 5 to 11 :- / 1. Phatma Bee aged about 80 years, W/o Mohammaed Yakub, R/o village Mohara, Tahsil 8r, District Bilaspur (C.G.) 2. Mohamed Ayyub, aged about 42 years, s/o late Mohamed Yakub, cultivator, R/ o village- Mohara, Tashil 85 District Bilaspur (C,G.). Aaysha Begum, aged about 58 years. W/o Saf1k Ulla Siddiqui, R/o Bhilai, District Durg (C.G.). 4. Ulphat Begum alias Pappy, aged about 56 years, w/o Shekh Abdul Rahim, R/o Om Nagar, Jarhabhata, Bilaspur, Tahsil & District Bilaspur (C.G.). 5. ‘Khatij‘a aged about 54 years, W/o Shekh Saleem R/o Mohalla Talapara, Bilaspur, Tahsil and District Bilaspur (C.G.). 6. Atiya, aged about 45 years, s/o Mohammed Yakub, R/o village — Nunera, Tahsil Pali, District Korba (C.G.). 7. Johara, aged about 48 years, s/o Mohammed Yakub, Teacher, Girls ’ Rai, Khaparganj, School Lajpat Bilaspur (C.G.) ’ 8. Nazima aged about 44 years, s/o Mohammed Yakub, R/o Nunera, Tahsil Pali, District Korba (C.G.) VERSUS RESPONDENTS :-/ 1. Ilahi Bax s/o late Mohammed Amir, f2. Kumari Sahanaj Begum, aged about 55 years, S/o late Mohammed Amir, R/o Mohalla Khaparaganj, Bilaspur, Tahsil and District Bilaspur (C.G.). 3. Smt. Shahin Begum, aged about 47 years, w/o Abdul Hakeem, R/o Rumi Dhobi Line, Baijnathpara, Raipur, Tahsil 85 District Raipur (C.G.). Smt. Sabana Parvin, aged about 47 years, w/o Shri M.D. Amin, R/o Bunglow yard, Station Road, quarter No. 143 A, U block N0. 12, Bilaspur, Tahsil and District Bilaspur (C.G.). Smt. Malka Tarannum, aged about 35 years, w/o Mirza Kadar Beg, R/o behind Chand Tyres, Maudahapara, Raipur, Tahsil 8a District Raipur (C.G.) Nabi Bax, aged about 61 years, s/o Late Mohammed Yakub, R/o Mohalla Khaparganj, Bilaspur, Tahsil and District Bilaspur (C.G.). Sound Service, Plaintiffs 1 go 5 aged about 43 years, R/o MohaHa m and Def. No. 2, Khaparganj, Bilaspur, Tahsil 85 12 QEFQW DistrictBilaspur (C.G.). , cMAO § 7 State of Chhattisgarh through collector, Bilaspur, Tahsil and District Bilaspur (C.G.). WRIT NM PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Wm W9C11—7)N©‘ 6’ ‘3 q/ég W200 ahm (W) WWW WWW WW WWR WWW ' %aifana11é3r SB: HON’BLE SHRI JUSTICE N.K. AGARWAL 18-6-2009 Shri Ramknmar 'I‘iwan', vocats, for the petm’oners. Shri A.M. Latif Rahman 'Adv. for the respondents No. 1 to Ku. Sangeeta Mishm, P cl Lawyer, for the State. This petition is dimctcd against the order dated 28-7-2008 passed in Civil Suit No. 20 [2007 by 3rd Additional District Judge, Bilaspur, whereby defendants’ application under e Section 151, C.P.C. has been ismissed. Brief facts of the case are that valuation of the suit was challenged by the petitionels herein/defendants by alleg'ng that the suit house was not value by the piaint‘E and themfore, the suit was not properly valued r the purpose of Court fee. Learned trial Court d issue in this regard and e directed that this issue shall be decided as a preliminaty issued as in the opinion of trial Co , no evidence is required to resolve this issue. manammwH—Fsms—n/zoos 1,00,000. x d é amw wfwq) $31“ mm§wm *wmm 7 At this stage, leamad counsel for both the parties fairly submits that interest of justice would be sub-served if the issue regarding Court fee framed by the trial Court would be tied along with all other issues framed in the suit and after taldng evidence thereon, Submission is fair. It is diiected that the issue framed by the trial Court regarding Court fee shall be decided by the trial Court along with other issuesi after taking evidence. With this observation, this peu'tion is disposed of Sdl-\ ’ N.K. Agrawa‘ Judge ’ 1. WWWmwa—Fms 11/2008 1,00,000i \ \