SB :‘ HON’BLE SHRI JUSTICE PRITI“KER DIWAKER “LP. 1227p N0. 5341/2008 1. PETITIONERS Ramanand Chandrakar, aged about 77 ycars, By caste Kurmi, W/o. Late ‘Ubhairam Chandrakar Bihari Lal Chandrakar, age-54 years, S/o‘ Shri Ramanand Chandrakar, By Caste Kurmi Rakesh Kumar Chandmkar, age-46 years, S/o. Shn' Ramanand Chandrakar, By caste Kurmi 1 . Chandrashekhar Chandrakar, age 36 years. S/o. Shri Ramandand Chandrakar, By caste Kurmi, All me above are by profession Cum‘vator and are R/o. Kurmi para, ‘Purani Basii, Near Ram Mandir, Mahasamund, Distt. Mahasamund(_CG) Shiv Kumar Chandrakar, S/o. Late Ubhaimm Chandrakar, age 60 yeaxs, By caste Kurmi, By profession-Rett. Semi. Govt. Employee, r/o. Janfa Colony Q. No. 849, Tilak Nagar, Raipur, Distt. Raipur (CG) Smt Dulari Bai Chandrakar, W/o. Late Baldou Chandrakar, age 66 years, By caste Knrmi Sanjay Kumar Chandrakar, I S10, Late Baldou Chandrakax; v age 4’7 years, By caste Knrmi Tarun Kumar Chandmkar, S/o. Late Baldou; Chandrakar, age 44 yeaxs, By Caste Kunm' HIGH COURT OF CHHATTISGARH AT BILASPUR 5. Pxakash Kumar Chandrakar, S/o. Late Baldou Chandrakar, age 38 years, By caste Kurmi, All the above 2 to 5 are by profession cultivator and are r/o. Village Hikksha, Post Khatti, Tahsil and P.S. Mahasamund, Distt. Mahasamund (CG) 6. Kishan Lal Chandrakar, age 65 yeaxs, S/o. late Ubhaimm Chandrakar, By caste Kurmi, By profession Cultivator, r/o. Kunni Paxa, Puram' Basu', Near Ram Mandir, Mahasamund. Distt. Mahasamund (CG) The State of ‘Chhattisgarh, Thmugh Collector, Mahasamund, Distt, Mahasamund (CG) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Appearance: Shri J.A. Loham‘, counsel for the petitioners. Shri B.D.Guru, counsel for respondent No. 1 to 6.‘ Shri Vivek Shanna, Panel Lawyer for the State] respondent No.7. onm, annex (23.04.2009) By this peu'u‘on, the petitioners have challenged the impugned order dated 04.08.2008 passed by the met Civil Judge Class II, Mahasamund in Civil Suit No. 29 A/2005 whereby the application as med b the petitioners] defendants under Order 14 Rule 2 of the Code of Civil Procedure has been rejected. Learned counsel for the respondents No. 1 to 6 submits that he has no objection if the said applicationvis allowed and the issue No.8 is decided as a preliminary lSSuC. y V As both the parties agme for deciding the. issue N63 as pmlimjnary issue, the present petition 1‘s allowed. The, applicau‘on m by the petitioners (Annexure PIS) under Order 14 Rule 2 of the Code of Civil Pmcedure is allowed. The Court below to proceed further. It ls pomued out by the pames that the smt ls pendmg befoxe the tnal Court smce 12 09 2005 The tnal Court 1s exyected to dec1de the smt 1tse1f expedmously preferably w1thm a penod of 51x months hum the date of rece1pt of th1s order Needless to state that due cooperauon shall be oEeIed by the parnes for early dlsposal of the smt \ Sd/- Prltmker Diwaker judge r r», r.