Single Benc Q1) » , IN THE HIGH COURT OF JUDICATURE AT BILASPUR ‘C.G.) WRIT PETITION NO. goi OF 2005 1.Bhola Prasad S/O Nand Kishore Prasad,aged about K,2. Satish Kumar S/o Nand Kishore, \ 35 Years. iv PETITIONERS: n O Aged about 30 years. «" .' ‘6 %.Suresh S/o Ramnandan Chourasiya, Aged about 50 years, All resident of Nagar Ramanujganj , Thana Ramanuj ganj , Tashil Pal, if ‘V‘ . f5 " Di$trict Surguja (CG) . S/o Ramnandan Ram, Chaurasiya, by cast Paneri, aged about 45 years, RESPONDENTS: l Subhash Late 2. Smt. Vimla W/o Subhash Chaurasiya aged about 4O years, Both R/o Nagar Ramanujganj, Thana Ramanujganj, Tahsil Pal, Dist. Surguja (C.G.) ‘/"3A.e Sushil S/O Krishna Prasad aged about 34 years. /3B. Babalu S/o Krishna Prasad, aged about 22 years. t “x /’ /3C. Meera Kumari D/o Krishna Prasad, aged about 3O years. x/3D. Neelu Kumari D/o Krishna Prasad, aged about . 2O years, all R/o Indrapuri, Road No. l Ranohi (Jharkhand), ,A” ~ h ......7 / @ ; . Sudhir S/o Kashi .Agrawal aged about 35 years, Occupation Business. //5. Manoj S/o Kashi Agrawal aged about 35 Mani Prasad aged about 60years, Resident Ci Bavodar, Dist.Giridih (arkhand) //7. Smt. Krishna W/o Bihari Prasad, aged about 58years, Resident of Bavodar, Dist.Giridih (Jharkhand) /’8. Smt. Sumitra W/o Patna (Bihar) /’9. Smt. Madhu Debi W/o Murli Prasad, aged about 4O years, Resident of Barwadih, Dist. PalamuJharkhand) 10. Smt. Anju W/o Lalit Prasad, aged about 32 years, Resident of Dehari On— sone, Dist. Rohtas (Bihar) .v‘ 4 Jh years, Occupation Business R/o Nagar Ramanujganj Tahsil Pal, Dist. Surguja (C.G.). 6. Smt. Kekni W/o Narayan Prasad, aged about 55 years, Resident of Khoje kala, Patna City, / CONSTHHHMOWHWFIMDHLFORJSSUANCEJNFAJWRHFHVTHE NATURECHVMANDAMW$3PROHHNTATHMVCERTKnWM§HMN§ OR ANY OTHER DIRECTION OF ORDER TO DO JUSTICE IN THE] ATTER. ff”, L1. Smt. Maniu W/o Ajay Prasad, aged about 32 years, Resident of Rehla Dist Palamau (Jharkhami) /12. State of Chhattisgarh through Collector Surguja Ambikapur (CG). WRIT PETITION UNDER ARTICLE 2g; OF THE XI HC 22 1 1.3,2005 Shri Arun Shuk‘m, counsel for the petitioners. When the matter is calkd out, none present on behalf of the Caveator. By this writ petitiml 1€ga1ity, propriEty and con‘Ec {Annexure P— 1) passed by 15: Csurt, Ramanuiganj whereb‘ allowed the miscellaneous appeal preferred by respendents N0, 1 to 5 herém and sst aside ths ordé {ii—vii Judga Class-I, Ramanui favour of the pEtitioners habit hemin from transfer of'prgmsrt Bricf facts hailing t9 petition€rs Immm flied a civil Ramanujganj for (Leciai'a’don a said propmiy was purchased r dated 26.9.2002 ‘paseed bv iemcd ganj granting temporary injunctien 1'11 311d mStrainmg respondents Na. 1 to 5 V mentioned in Scheduie A. iElJ'ng 'of this petition are 'that the suit m the court of Civil Judge ClassJ, ad injunction in respect of the property , mentioned in Schedule’A along with plaint on fh‘e ground that the Chomsia in the name of his wife Dhaneehwari, that was a joint to execute Will in favour of reepondeilt No. 1 to 3 herein, Written statement was nlecl on behalf of the respendents herei mentioning therein that the property in question was purehaeed by Dhazitshwari Bai bv‘ her own mcome and that: was not a im‘nt Hindu familv m‘opertv. — Dhaneshwaii Bai executed the Wm on 10. 11.1989 m favour cf Pespandent N0. 1 th€ pstitionsrs have questicned the mess of the order dated 11.2.2005 med, Additionai District Judge, Link 7 learned Addirional District Judge bv their ancestor Irameiv Ramanaadan p‘oparty of the parties and ti' Lerefere, Dheneshwari was nor emitied to 3 311d basec; on that the mutatieu 1 J@AIEQP.‘ n gap/w! f“ 1H 200 Wmmtw z WWEWW %3T%1m1%¥r > graceedings was start€d in wli noticed and ultimately that prc mspondeut No. 1 ta 3, against W ami 5.2mm was diSmiS$cd on 17.: hiamed Appsllam Conn. proparty 1'11 qu€stion was in the thg W131 in thg year 1989 in 1' mutaiion pmC€6dings was inst basis of that Will propm’ijv WéS No.1 to 3. No suit, was filed by ‘Nm, t11€f€fora 3aeiiti011ar$ fajiE furfhgr balance of convenienc‘ Accordingly, the appellate. c0111 Civil Judge, 1 have heard learned com] Having heard learned a: perused the orders paS$ed by and cexlsiciering the reasoning 32‘ of thc considered opinion that ‘H gay megality, ineguiarity Genot the impugned order, as ilie pro Dhaneshwari Bai) Sim xeas regid she executed the Will in the 1‘espondente, smce‘thcii they a1 property has 3130 bee-ii mutated na dch the p'e‘six‘ioners herein were else perry was mutatexi in the names 0f hich the. pefitioners moved an a33peal 3f 1998. the conclusion that name of Dhanes‘hwaii she ex:cuted 37 ‘avour of the respondent Na} to Ltuted 3'11 the year 1992 'emd en the mutated in the narnes of respc-ndeat the petitioners far eauceHaticn 0f the i t0 pmve the mime—fade case wad lies in favour of the ’petit’m'’ners. eet asieie the ere‘ier passecl by the reached a t sel for the eeritionere onusei for ille peiitieners, havmg rrial court as well as appeHate court genticmed by the apeeElaie court, I am he appeilate court ha; not committed exceeded an}? juxisdiction by eassing perry m question ivae in the name of mg with. respondent No 1 to 3 herein, yeax 1989 in favour of the sai& e in possession of the same and mat in the names of resnonviente No, 1 to E‘Hate Court rightiy reached tome herein. Therefoie, {he app / / ' XI—HC?22 COBSt'itution of India. Howeva the pEtitioners in the plaint, i make any wamsfer of dispuied suit that will be subject to the f1 With the afareesaid, The pe Consequentl", MJWP. N< stand disposed of. i Certiiied copy as per rules. concluSion that the petitionels h€rei11 fa‘fial to prove the prima —:“acie ' caSe or halmlce of convenience io their favour. impugna}. does nat suffar from any 131 the resuit, the order i11cgah'ty emd thc pctitioncrs have no cast. for mtcrfcmncc by this i-ion’bic Coun under extra ordinal? jun'sdicu‘on of Artick: 227 of T116 ‘, looking to the allegations made by t is ordered that if the reepondents property during the pendency of the ‘ ml decision of the suit, iu'oxl stands diepoeed of. 3,6481’05 {'1’ LA. No.1620/2005 also Sd/- L.C.Bhadoo Judge wt w—F (@W)