rfa.c, --^ . '^^.-^^^ H ^o PETITIONER/: (Plaintiff) HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.2229 of 2011 Punai Bai aged about 56 years, D/o Halli by Caste Teli, R/o Village Kummarro, Churiya, Agriculturist, R/o Village Lamanin, Bhatan Tahsil Dongargarh, Distt. Rajnandgaon RESPONDENTS/: (Defendants) Versus 1. Heeralal aged about 30 years, S/o Halli By Caste Teli 2. Geeta Bai aged about 50 years, W/o Late Halli by Caste Teli, Both R/o Village Lamanin, Bhatan, H.No.13, Dongargarh, Distt. Rajnandgaon 3. The State of Chhattisgarh through Collector, Rajnandgaon {Writ petition underArticle 227 ofthe Constitution of India} Present: Mr. Parag Kotecha, counsel for the petitioner. Mr. Shashank Thakur, counsel for respondents No.1 & 2. Mr. Vinod KumarTekam, Panel Lawyerforthe State/respondent No.3. Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORAL ORDER (15-7-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 6-1-2011 passed by the Civil Judge Class-ll, Dongargarh in Civil Suit No.75A/2009. 2. I have heard learned counsel for the parties, perused the order impugned and other documents. 3. Learned counsel for respondents No.1 & 2 frankly admits that the petitioner has filed suit for partition only, respondents No.1 & 2 have denied the pleadings of the plaintiff. Learned counsel further submits that counter claim has also been filed on behalf of the defendants before the Court below. Vide ordef impugned the Court below has closed the right of adducing evidence of the plaintiff and has adjourned the case for evidence ofthe defendants. 4. Considering the nature of claim and counter claim, opportunity to adduce evidence to the petitioner was just and proper and the order passed by t!Te Court below is harsh. Consequently, the petition is allowed subject to payment ^.y^'' ~~i^: ^ "V\ Soma of Rs.500/- payable to respondents No.1 & 2 herein within fifteen days from today before the trial Court. The order impugned is modified to the extent that the Court below shall provide two opportunities to the petitioner with an interval of 15 days from 4-8-2011 and also fix the case for evidence of both the parties and decide the case afresh. 5. Consequently, I.A.No.1 stands disposed ^ Sd/- ^— T.P.Sharma Judge