IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No. 39P / 2009 ^ PETITIONERS A/ N'y .^y w ^v ..^.'i/-^" ^' 1 Shanti Bewa Late Shivcharan, aged about 60 years, by Caste Ahir, R/o Village Churi Tahsil Manendragarh, Distt. Koriya 2. Lilavati, aged about 42 years, W/o La.te Indrani, R/o Village Dutra, Thana and Tahsil Manendragarh, Distt. Koriya 3. Radheshyam aged about 34 years, S/o Late Shivcharan 4. Raghunath, aged about 30 years, S/o Late Shivcharan 5. Ramkailash, aged about 28 years, S/o Late Shivcharan 6. Ramsubhag aged about 26 years, S/o Late Shivcharan 7. Ramkeshar aged about 24 years, S/o Late Shivcharan All R/o Village Churi, Tahsil, Manendragarh, Distt. Koriya VERSUS RESPONDENTS 1. Shivprasad, aged bout 50 years, S/o Ishwari R/o Village Sarastal, Thana and Tahsil Manendragarh Distt.Koriya 2. Sitaram aged about 45 years, S/o Ishwari, R/o Village Churi, Tahsil Manendragarh, Distt. Koriya 3. Jaikaran, aged about 35 years, S/o Ishwari, R/o Sarastaal, Thana and Tahsil Manendragarh 4 The State of Chhattisgarh, Through Collector, Distt. Raigarh WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA + ^9"-^^ s^'^'\ i S i':^.Be<"' ^p'" ^"' WH^IT ®NI<tt 'TS! -41'41cf<Lt, E!>Ti1'yji<o, f°i<yii'yy. _jA'.-..Pl.'27l^...^.o.;...l'a1..!..1:/'Wi.200 ^ •sn^i~c!^! (1pis^?) s'itnv Rii'ti 'nqi srAa »•<!* •ssnwaft^snt^ WqferiN •WtRTI •?1S%t WR?P ^aflgiisn^i S.B. Hon'bte Shri Justice N.K. ^oarwc Shri Parao Kotecha, counsei Shri P.K. Bhaduri, P.L. couns^l Heard on adrriission. 2. The instant petition is dire^ 26-06-2009 passed by Additiona! in Cm\ Appeai No.ll-A/2009 w^ appiication preferred by the petit of C.P.C. has been rejected. 3. Brief facts of •t+ie case ar( flling their written statement bef| themselves and therefore, were d parte decree was passed in favoi petitioners have filed the appeal aj decree also filed an application unds 4. After hearing, the appellate^ dismissed the opplication of the pe' 5. Shri Parag Kotecha, learned wouid submit that the learned Firs- rejectlng the application for or 1+ie Deti+jonef. for the State. ted against the order do+ed listrict Judqe, AA.o.nendr'aqar'h ereby ahd whereunder the oner under Order 41 Rule that the petitioners after sre the Triol Court absented •oceeded ex-parte. An ex- of the responden+s. The jainst the. said judgment ond tr Order 41 Ruie 5 of C.P.C. Court^vide impugned order, itioners, hence this petition. counsel for the petitioners Appellate Court has erred 'n V filed by the petitioners 'c^ N^^ qspn^^<F3..n^3^—1-S/195—l3/2G03—1 ,fi0,000. + -^aa&^ ^fWW «>*<1«1> 3^ -4Ml<yl'i|, ®fli'y''i<o,fsidiyy UJ.PC-)-^) ^.i^it-/ R 3K^^T115T<0 i. s' Tw* ' sbfl'* -^-- kndwn becauss the decree passed by tl^ eye of law inasmuch as no findini Court with regard to the plea takt of written statement, dnd, there) favour of the petitioners and in ietitioners wouid suffar irreparab) 6. I haye perused the matisriai 7. For the reasons best remained ex-parte and did not settled law that a party who therefore, the piea raised by th^ written statement regarding thei^ pursuant to the aWsged wil! exscij consequence in the absence of its to prove ttie pieadings taken by th( Tnerefore, the order passe|l suffer from any such illegality^ mani'test injustice so as to jurisdiction of this Court under ai of India, the appeal therefore, dismissed. i*l<<i<-)*il-l ^illdl' 4 fe'el •tw<*i< ^afinsii^i Trial Cour-t is inyclid in the has been given by the Trjal n by the petitioner in paro 5 ore, prima facie case was in ;ase stay is "ot grcmted, the |ovai!abie on record. idwn to the oeti+ioners. they ;ontest the suit. It is well rc|ises a piea has to prove it, petitioner's in para 5 of the nght ove.v the suit property |ited in their fayour, is of no jproof. The petitioners faiied w in their la.'ri+ten s+o;te.ment. by tiie Tric! Court doss not or irregularity leading to invoRe the extra-ordinary Iticie 227 of the Constitution liabie to be and is he-ebv ^Fre^t^^ H^T^S^ n^-it^^—FS/95—15 / 2G38j^i Bas-a + /•'.f'^. ^ % ^^^^ii^ ^ %^ SII^l'qiIWl ^K Sii^i ~S^W* WKni «»*ii«n 'ssi 't-iMM^, w'^wi'c, fii<ni'Mi< ^^(n^i-^)^o.3,T/^/ 1 SII^T 'qS!^ ('^3^17^ •^g!W«nS?(ai^i 1 9. It is however, observed "t decide the appea! on its own preferably within a period of tw^ order without being influenced by 10. Certified copy as per rules. months from receipt of this any observation of this Court- Sd/- N.K. Agarwal Judge *i<<ict4^ iWRft' '9 'fe'et <i»i(sit qisifOTsn^i at the apDeilate Court sha! merits as early as 'ie --h