IN THE HON'BLE HIGH COURT OF CHHATrISGARH AT BILASPUR (C.G.) WRIT PETITION (227) No. a? 15g0F 2009 PETITIONERS : /1. Mahendra Dubey S/o Vishwanath Dubey, aged about 33 years, Resident of Surajpur, Police Station and Tahsil Surajpur, District Surguja (C.G.). Satish Dubey S/o Vishwanath Dubey, aged about 30 years, Resident of Surajpur, Police Station and Tahsil Surajpur, District Surguja (C.G.). Ravishankar Dubey S/o Vishwanath Dubey, aged about 28 years, Resident of Surajpur, Police Station and Tahsil Surajpur, District Surguja (C.G.). Rajesh Dubey S/o Vishwanath Dubey, aged about 25 years, Resident of Surajpur, Police Station and Tahsil Surajpur, District Surguja (C.G.). Radheshyam Dubey S/o Dwarika Ram Dubey, aged about 58 years, ’Occupation Agriculturist, Resident of «Koilari, Police Station Bhaiyathan, Tahsil Surajpur, District Surguja (C.G.). x 6. Onkar Ram Dubey S/o Dwarika Ram Dubey, aged about 52 years, Occupation Service and Agriculturist, Resident of Surajpur, Police Station and Tahsil Surajpur, District Surguja (C.G.). 17. Virendranath S/o Radheshyam Dubey, aged about 26 years, Occupation Ag riculturist, Resident of Koilari, Tahsil Surajpur, District Surguja (C.G.). 8. Premratan W/o Vishwanath Dubey, aged about 53 years, Occu pation Housewife, Resident of Surajpur, Tahsil Surajpur, District Surguja (C.G.). Dubey S/o Vishwanath Dubey, aged about 26 years, Occupation Agricultu rist, Resident of Surajpur, District Surguja (C.G.). ( 9. Laxminarayan 10. Smt. Pakanhin Widow of Tapeshwar, aged about 80 years, Occupation Agriculturist, Resident of Koilari, Tahsil Surajpur, District Surguja (C.G.). Present address Village Banja, Tahsil Surajpur, District Surguja (C.G.). (11. Devi D/o Tapeshwar Ram, aged about 35 years, Occupation Agriculturist, Resident of Koilari, Tahsil Surajpur, District Surguja (C.G.). Chandrabhan Ram S/o Dadairam Dubey, aged about 33 years, Occupation Agricuturist, Resident of Koilari, Tahsil Surajpur, District Surguja (C.G.). RESPONDENTS %w%s /12. Chan‘dradev S/o Dadairam Dubey, aged about 38 years, Occupation Agriculturist, Resident of Koilari, Tahsil SurajpurpDistrict Surguja (C.G.). VERSUS Ganga Devi D/o Late Ramkishun Dubey, W/o Upendra Nath Dubey, aged about 45 years, Caste Bramhin, Resident Krishnapur, Police Station and Tahsil Surajpur, District Surguja (C.G.). /13. State of Madhya Pradesh (Now Chhattisgarh), through The Collector, Surguja Ambikapur (C.G.). x WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ” ,iirimi'éwaw-E‘V95—4 ”lam—>1 424L303. SB: HQN. SHRE wSTEQF £1—’?-‘? €399 Shri Ashek pstitioner. Shri Sushi} Dubey Adv. for respondént No. l. Ku. Saageaa Misha, PL. for th€ Stata. stagc‘. With the sonsmat of the parties, h€ard fmally at motion Tha mstant petition is directed against m6 ordsr dated 2—4—2009 passed by Civil d EEK. &%ARWAL Kurbar Shukia, Advacate, far the Judg€ Class I, Surajpur 3‘11 OS. No. 12A/91 whereby and “hereunder theapplicam'ons uader Section 151 amd under Order 8 Rule 1(8) read with $eetion E51 of C.P.C. i§led by thei petitiener have been dismissed. Brief facts of the case are that the respomient N0. 1 mstituted a suit for part?1:103 in the year 1984 anti the suit was iixed for final heariiag Thereafter the petitioner maved two appLications in the case, one for anaiogous hearing with Civii Suit. No. 8A/2005 tiled by the petitioner for claiming reiief of injunction against construction by tiie respondent no. i over the part of-the No. 12—A/91 and another Panji on record. Learnetii l j» suit property involved in Civil Suit. application for tain‘ng tianshodhan trial Court on appreciation of the &b WWW éNo :Lrw/M m W W200 mm(ga§3aga\ mmw WWW Wm wwQ #mmm mwm material available 0n réckifd &1c1 100mg to the ia’c’? thatihe suit for partition was tready Closed lor final learmg, dismissai both the applic tions. Aftar h€aring learns caunsd for 1:116 parties, and aft€r of the considered opinion that learned trial couxt has committed aily illegality leading to manifest ilijustice the petitioner so as to invoke extraordmaxy jurisdicti of this Comm under Article 227 of the Constitution of lndia it is well settled neiple of law that this Court, in jurisdiction tinder Article 227 of the Constitution of l dia, from iiiteiferinc With the ordeir passed by the Couit l) ow etcept in such cases Where pierversay, Legality oi Jurisdictionai error is writ large on the face of the record, which is not in the present ease ’ perusing the records, i exercise of its supervise shouid réeam itself l The petition is Lable to be dismissed and the same is hereby (isms seq. Sdl- y 7 ’ ’ _L r N.K. AgraWa] { t . Judge’ t t oi ’ i