!fg C R':?,T!>- Cil^^^ -t ., •-. ^,. ~- ^.J>^ IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PETITION (Art. 227) N0.^3 OF 2011 PETITIONER/ 1 DEFENDANTNO.l PETITIONER/ 2 DEFENDANT N0.2 Ravi Bhushan, S/o Kanhaiya Lal Patel, aged about 52 years. Bhagwati Prasad, S/o Kanhaiya Lal Patel, aged about 5Q years. Both the petitioners are resident o'f Sangi Tarai, District Raigarh (GG). Versus RESPONDBNT/ PLAINTIFF RESPONDENTS/ DEFENDANTS .** /^ .' ^^/*** ^/\i- \^^y ^yy »»-' 's.-" /^v^~s'<^ ^ ^ Daulat Ram, S/o Khemkaran, Patel, resident of Sangi Tarai, District Raigarh (CG). •B:fiuTafr Rani, S/o Kh'criiara'Pr Khusiram, S/o Chandan Singh. Vijay Lal @ Keshav, S/o Chandan Singh Phoolmati, W/o Chandan Singh ^ Girdhari, S/o Chote Dau Chandramani, D/o Trilochan Govind Rara @ Datha Ram, S/o Triolochan Vijay Shankar, S/o Baldeo Singh SQ. Salik Ram, S/o Nirmal Singh 1$. Hemlal, S/o Bhopal Singh &-- li-t-n- G /-" l^t. Gopiram, S/o Nanki Ram ^l^w Shivshankar, S/o Narayan l^. Gowrishankar, S/o Narayan l^. Umashankar, S/o Narayan 1§. Padmalal, S/o Jagmohan Respondents No.2 to 16 are resident of village Sangi Tarai, District Raigarh (CG). l6. Biharilal, S/o Paithram l^. Jugal Kishore, S/o Paithram l^. Dinesh Kumar, S/o Ishwar Chand ^" Bandorhin, Chand W/o Ishwar Respondents No.17 to 20 are residents of village Darogapar, Raigarh (CG). 20. Jagdish Prasad, S/o Udairam 2f. Laxrai Prasad, S/o Udairam 2^ Ratan Kunwar, W/o Udairam Respondents No.21 to 23 are residents of village Pandigaon, Tahshil Pusor, District Raigarh (CG). Jai Kumar, W/o Cheersagar, R/o village Ladhra, Baramkela, District Raigarh (CG). Maxlinono, W/o Rameshwar, R/o village Suti, Tahsil Kharsiya, Dist. Raigarh (CG). E.i 2g. Keerthan Ram, S/o Tarman, R/o village Belpali, Tahsil Pusor, District Raigarh (CG). Chitrabhan, S/o Khemkaran 2^. Shivlal, S/o Khemkaran 2^ Rampyari, W/o Padumlal I. Manoj Kumar, S/o Padumlal 3I>. Laxmi Prasad, S/o Padumlal 3|;. Jeevanlal, S/o Padumlal 3-^. Amrit Kunwar, W/o Virendra Kumar Respondents No.27 to 33 are residents of village Bahama, Tahsil Gharghoda, District Raigarh (CG). ^-3 /3 ..3 Kunti Bai, W/o Madigal Singh, R/o village Dolesara, Tahsil Gharghoda, District Raigarh (CG). Lalita, W/o ' Dorilal, R/o village Padegaon, Tahsil Pusor, District Raigarh (CG). Rajesh Kumar, S/o Virendra Kuiiiar, resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). Dr. Dinesh Kumar, S/o Virendra Kumar, R/o Sarkari Bungalow, Chakradhar Nagar, District Raigarh (CG). Dr. Meena Patel, W/o Bandiram, R/o By-pass Road (Baba Dham), Raigarh (CG'). , 3g. Arun Kumar, S/o Heeralal, resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). Krishna Chand, S/o Heeralal, resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). Laxmi Prasad, S/o Heeralal, R/o village Pathalgaon, Tahsil Pathalgaon, District Jashpur (CG). 4^. Padman, S/o Heeralal, resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). Ratan Kunwar, W/o Kanhaiya, R/o village Pathalgaon, Tahsil Pathalgaon, District Jashpur (CG). 4^. Shyamlal, S/o Mahigal Singh, 4&. Nandlal, S/o Mahigal Singh 4g. Purandar, S/o Nirmal 4^. Savitri, W/o Nakul 49. t^ Sashi, W/o Baijnath Chotu, S/o Nakul Respondents No.44 to 49 are residents of resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA \~J] HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) No. 793/2011 PETITIONERS Ravi Bhushan and another Versus RESPONDENTS Daulat Ram and others SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT:- Shri B.D. Guru, Advocate, for the petitioners. Shri Vinod Tekam, Panel Lawyer for the State. ORAL ORDER (21-2-2011) 1. Heard on admission. 2. Order dated 4-1-2011 passed by the 3rd Civil Judge Class II, Raigarh in Civil Suit No. 17-A/2009 whereby petitioners' prayer for trial of issues No. 9 and 10 as preliminary issues has been rejected, is under assail in this petition. 3. Facts of the case in brief are that the plaintiffs/respondents instituted a suit for partition, confirmation of possession and permanent injunction against the defendants. Defendants/ Petitioners have raised the plea that partition has already taken place between the parties before the Tehsildar, and in view of above the suit is not maintainable and also barred by time. An application was filed by the petitioners herein for trial of above issues as preliminary issues. The trial Gourt vide impugned order dismissed the application holding, the issues are essentially issues of mbced question of law and fact. 4. I have heard learned coiinsel for the petitioners. 5. Above issues have been framed by the trial Court on the basis Qf contentions raised by the defendants in their written statement. In order to prove the above issues, the defendants ^":yi-A £j 6, 7. 8, have to prove prior partition and facts leading to dismissal of the suit as barred by time. As such, in the facts and circumstances of the case, the issues are essentially mbsed question of fact and law. Therefore, in the considered opinion of this Coiu-t, the trial Court has not committed any illegality in rejecting petitioners' prayer for trial of above issues as preliminary issues warranting interference of this Court in exercise of jurisdiction under Article 227 of the Constitution of India. It is well settled principle of law that this Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, should refrain itself from interfering with the order passed by the Court below except in such cases where perversity, illegality or jurisdictional error is writ large on the face of the record, which is not in the present ease. For the reasons mentioned hereinabove, the j)etition being without substance is liable to be and is hereby disraissed. No order as to costs. Sd//- N.K. Agrawal Judge TJ^i"' E.i 2g. Keerthan Ram, S/o Tarman, R/o village Belpali, Tahsil Pusor, District Raigarh (CG). Chitrabhan, S/o Khemkaran 2^. Shivlal, S/o Khemkaran 2^ Rampyari, W/o Padumlal I. Manoj Kumar, S/o Padumlal 3I>. Laxmi Prasad, S/o Padumlal 3|;. Jeevanlal, S/o Padumlal 3-^. Amrit Kunwar, W/o Virendra Kumar Respondents No.27 to 33 are residents of village Bahama, Tahsil Gharghoda, District Raigarh (CG). ^-3 /3 ..3 Kunti Bai, W/o Madigal Singh, R/o village Dolesara, Tahsil Gharghoda, District Raigarh (CG). Lalita, W/o ' Dorilal, R/o village Padegaon, Tahsil Pusor, District Raigarh (CG). Rajesh Kumar, S/o Virendra Kuiiiar, resident of village Bahama, Tahsil Gharghoda, District Raigarh (CG). Dr. Dinesh Kumar, S/o Virendra Kumar, R/o Sarkari Bungalow, Chakradhar Nagar, District Raigarh (CG). Dr. Meena Patel, W/o Bandiram, R/o By-pass Road (Baba Dham), Raigarh (CG').