\s\ m THE HIGH CatJRT iOF CHHATTISGARH AT BILASPUR WRIT PETITIQN (ONo.&ef? QF 2007 PETITIONERS DEFENDANTS ..-•^ c^y> lps^"/ ^y ^"... '.^ RESPONDENTS PLAINTIFFS ^- 1. 2. 3. 4. 5. VERSUS 1. 2. 3. Smt. Seeta Devi Bangar, widow of Late Jiyalal Bangar, aged 67 years Mani Kum.ar, S/o Late Jiyalal Bangar, aged 42 years Ku. Jharna Bangar, D/o Late Jiyalal Bangar, aged 29 years Hitesh Kumar, S/o Late Jiyalal Bangar, aged 26 years Dipesh Kum.ar, S/o Late Jiyalal Bangar, aged 24 years All residents of Pratapganjpara, Jagdalpur, Distt. Bastar (CG) Chhedilal Sao, S/o Late Haiyaram Sao, aged 57 years Devkishan Sao, S/o Late Haiyaram Sao, aged 52 years, Nandlal Sao, S/o Late Haiyaram Sao, aged 50 years All residents of Pratapganjpara, Jagdalpur, Distt. Bastar (CG) WRIT PETITIQN UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS, CERTIORARY AND/OR ANY OTHER SUITABLE WRIT OF LIKE NATURE ^!ss-S^Ss //^^\ ;y •^ HIGH CCXiRT OF CHKATTiSGARH AT BELASPUR SlnaSe Bench: Hon'ble Shri Justice Prashant Kumar Mlshra Writ Petition (0 No. 6032 ' 2007 PETmQNERS RESPONDENTS Versus Smt. Seete Devi Bansar and ottiere. Chhsdsiai Sao arsd otheis. Dr. N.K. Shukla, Sanior Aivocate wiih Sho V.P. Singh, counssl for the peBBoners- Shri PrafuSla Bharat, counsel for respondente No. 1,2 & 3. WPJT PETiTION UNEffiRARTICLE 227 QF THE CONSTITUTION OF ORAL ORDER (07.10.2810) Heard. (2) The tria! Court has flie preiimmary regarding vaiuation of the sult the petitiQrwrs/defend-ante. (3) Ptalntiffe/respondente have fited the suit for deciaration, injunction recovery of with reaardina to the suit ^U sq. ft. on ptot No. 23712 In Jagd-aSpur town. for decree of profit @ Rs. 100 per The petttlonere/dsfendante ralsed an Qbjection the suit has besn va'ued on higher slds, and 1f ft is properiy vatued >t will not bs within the jurisdictiQn of ttw Gourt of Disfrlct Judae. (4) Leamed tria! Court has ftamed a preiiminary issue and has the sa.me against the pefitionere'defsndante. (5) Since tt>e to the suit did not arw objection before tts tria! Court ttsat the issue be as prafiminary fesue, ttie triai Court ^ ^l'^. appeara to have proceeded to dwide ttie issye regarding vaiuation of ttie suit as pretimmary issue on the basis of materia! made avaliabte before it, however in the opir'fon of this C-ourt since the issue r^afdiRg vaiuatiosi of fte suit property whfch is a house situated in JagdaSpur town wou!d be a mlxed question of iaw and fact, fte shouid have been decided atong wfth other in ftie hia!. (6) jn vtow Qfthe ai»v&,it te directed at the issue regardlng vaiuation of She suit shaii be dedded atong wSh ottisr issues in the sult. (7) The writ petffion Is thus dlsposed of with the above obsen/ation. Sd//- Prashant Kumar Mishra Judge \-:.<,