^^(.. SINGIE BENCtt (^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: C.G. W.P.NO. OF 2005 WRIT PETITION UNDER ARTICLE 227, OF CONSTITVTION OF INDJA Petitioners: Defendants ./ ..•^^ ^}-' ^...^ '^^ / ^^?y -o'-^<'.-5<^,--" ^ /)yyy >'y/V<.-T f^y .:c)'/ Y *' ^"^•' i^'- Respondents: PIaintiffs ^l) Smt.Suhasin Bai, Wd/o Chandrashekhar, aged 83 years, ^, 2) Pardeshi Prasad Kesharwani S/o Chandrashekhar, aged about 58 years. » 3) Rainjjlal Kesharwani S/o Chandrashakhar, aged about 45 years. . All R/o Ward No. 6, Thatiangu Gali, Saranggarh, Tahsil Saranggarh, District Raigarh (C.G.) 4) Smt. Lila Kehserwani W/o Bhim Prasad Kesharwani, aged : about 68 years, 'x Cloth shop, R/o Telipara, New Bus Stand Road, Bilaspur(C.G.). 5) Smt.Radha W/o Ratanlal Kesharwani, aged about 56 years, R/o Village Post Tata, Thasil Sarsinva (Bilaigarh), District RaApur. 6) Smt. Maya W/o Anil Kesharwani, aged about 42 years, R/o Khushbu Readymade Centre, Sadar Bazar Shivnarayan, District Janjgir Champa (C.G.). VERSUS 1) Kaushal Prasad S/o Rameshwar Bani, aged about 82 years; R/o Near New Talab, Azad Chault, Saranggarh, District Raigarh. 2) Smt.Samudbai W/o Late Mahadev Prasad Bani, aged 70 years. 3) Sharad Kumar S/o Late Mahadev Prasad Bani, aged about 40 years. 4) Sapan Kumar S/o Late Mahadev Prasad Bani, aged about 28 years. N. 2 to 4 R/o Village Nawagarh, District Janjgir-Champa. 5) Smt.Basanti Bai D/o Late Mahadev Prasad Bani, Through husband Kaushal @ Sadhuram Village Nawagadh, District Janjgir Champa. 6) Smt. Neelkumari D/o Late Mahadev Prasad Bani, through husband Santosh Gupta R/o Near Bus Stand Dhamdha, District Durg. 7) Shail Kumari Wd/o Late Suresh Kumar Kesharwani, aged about 42 yeas. 8) Avinash Kesharwani S/o Late Suresh Kumar Kesharwani, aged about 25 years. 9) Abhishek Kesharwani S/o Late Suresh Kumar Kesharwani, aged about 22 years. Nos. 7 to 9 R/o Saranghadh, District Raigadh. XI-HC-22 'ssc ^rpncTsr, grftwre, isiciwy qP-lClT^Wcfi—..^.f>..^l?.J°?' ^ 200 3T^?r<=fiT irasn^r giiiwafgff \. 15.7.2005 Shri Sanjay S.Agraw^l, counsel for the petitioners. Heard learned coujnsel for tbe petitioners at the admission stage. By the instarit petiti|on the petitioners have questioned the legality & propriety o learned 4th Additional Di^'trict Judge, Raigarh in Civil Suit No,23A/02 whereby learn|ed Additional District Judge after rejecting the objections allowed to exhibit the agr4ement dated 2.6.1959. Learned counsel for rejected the objections ra^ below was as to whethe been decided only after r be allowed to be exhibitedl and that issue could hav •=bi'iitci'lfl-< Mit|]~)l'fftet£t<l»i<^rc ^sri^rsn^T order dated 29.3.2005 passed by raised by the petitioners herein the petitioners subinitted that by the impunged order lear^ied Additional District Judge has sed by the petitioners and decided the issue finally, where^is, the question before the court the docuiuent in question is a partition deed or mein^randum of a partition already effected. He further subAiitted that this issue could have cording of evidence of the parties and for that liiiiited purp|ose the docunient in question cau subject to the objections raised by the petitioners herein al^out the admissibility of the sanae been decided after recording the evideDce because the evi^ence led by the parties will show whether any partition wds effectcd before the execution of document in question /4r the properties were partitioned only by the docuinent in qjuestiou._ -ir XI-HC-22 3T^?T?iT R-fi=h3l1^T affiWHfgd Roshan/- 3:sr ^iijid^, ®Tflti'l<o,[sitii'Hy 3n^T?RTlWgf?cT -?l- The Umited request seeius to be legally question is modified to question be allowed to be| by the plaintiffs, howeij defendants/petitioners h^ judginent after recording No other point ha; petitioner, thercfore the| direction aforesaid. Consequently, M.(W| also stand disposed of. Certified copy as pe: qiiitd'fl-1 iititiT^'te'^t' ^>3rf^IT3I1^T made by counsel for the petitioner ^tainable, ^therefore, the order in the exteut that the docuinent in exhibited and tender into evidence rer, the objections raised by the treiu be decided at the tiine of final |the evidence of the parties. been raised by counsel for the petition is disposed of with the .)P. No.2470/05 & I.A. No.580/05 rules. Sd/- I-.C. Bhadoo :}.:-'.