IN THE H!GH C§URT CDF JUDSCATURE AT BELA$§3UR CLM. P. No. 135 0f 2$Q8 Vaki§ Kapeor. Age& about 34 years, S/o.-Shri Bhokaram, R/o. Vinage Khartai, P.S. Nawagarh, D§strict Janjgir Champa (C.G.) Applicant Nah-applicants 3. 4‘ 5. Versus Smt. Savitri Bai! W/o. Vakii Kapoor, Aged about 29 yeam, rim-at Quayter Ne. CH-23, Mankpw‘, RS. (Sity Kotwa?i, Korba, Tahsil & District Keyba (6.6.). Semdee'p Kumar, Aged 3 years, Mmc: thrsug‘n ms mether Sm“: Savitri Bai, Wr’or Val-(i! Kagsoor, Rio. at present Qir. No. C.H.23 Manikpur, P.S. City Kotwaii Korba Tahsii & District Korba (C.G.) The State of Chhattisgarh through the Couec’mr and District Magistrate Korba (C‘GJ Coiiector Janjgir_Champa (36.) Tahsiidar Nawagarh, District Janjgir Champa. ETiTiON UNDER SECTION 482 CF THE CODE OF €RiMiNAL PROCEDURE (SB: Hon’bie Mr. Justice “LP: Shanna) Shri Govind Ram Miri, Advocate for the applicant. Shri LS. Sahu, Advocate far the respondent No. 1 and 2. Shri Sanjeev K. Agrawai, Panet tawyer for the respondents No. 3 to 5 ORDER {Passed an 2o“ March, 2mg) This revision petition is directed against the order dated 27.1.2007 paased by the Judge, Family Court, Korba in M.J.C. No. 79/2006. The short question is raised in this petition that the appiicant has hied‘ petition before the trial court that in accordance with the provisions of sub—section (7) of section 165 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as, ‘the Code, 1959“, the Court is not competent to pass an order for attachment of execution of the property comprising iess than 5 aores of the iand and the triai court has not passed any order to this effect by the order impugned. Counsel for the parties heard. Order impugned perused. @ W y‘ I } 1 ‘ { ‘ \ i g THe ma! court not has consmered rejected the ihe objection objeefiofx taken by; the applicant on ihe court ’xas Le. regarding the exemption provided under sub-section (7) of section iiiegaiity. The traii court was required to consider the ground and pass i suitabie order. ' 27 1 2007 passed by the Judge,-Famiiy Consequentiy the order dated Family Court, Korba is directed to Court, Korba is set asrde The Judge afresh and pass appropriate order on the obieotion taken hear the parties to the propriety for attachement in accordance With by the applicant sub-section (7) of section 165 of the Code 1959 Parties are directed to 7. appear before the triai court on 2“ April, 2008. ln View of the above order, LA. No. O‘l also stands disposed ’// of. ‘ / T? Judge