1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 181 of 2024 1 - Smt. Sweeti Saluja W/o Late Surendra Singh Saluja Aged About 58 Years R/o Fashion Avenue, Near Bajrang Cinema, Main Road, Korba, District Korba, Chhattisgarh. 2 - Kum. Shilki Saluja D/o Late Surendra Singh Saluja Aged About 34 Years R/o Fashion Avenue, Near Bajrang Cinema, Main Road, Korba, District Korba, Chhattisgarh. 3 - Aman Saluja S/o Late Surendra Singh Saluja Aged About 35 Years R/o Fashion Avenue, Near Bajrang Cinema, Main Road, Korba, District Korba, Chhattisgarh. 4 - Saiki Saluja S/o Late Surendra Singh Saluja Aged About 30 Years R/o Fashion Avenue, Near Bajrang Cinema, Main Road, Korba, District Korba, Chhattisgarh. ... Petitioner(s) versus 1 - Happy Kheda W/o Harpal Singh Kheda Aged About 40 Years R/o Vishrampur, District Surguja, Chhattisgarh (Legal Heir Of Deceased Defendant No. 1 Dilip Singh Khanuja) 2 - Harileen Kaur Saluja W/o Satpal Singh Saluja Aged About 36 Years R/o Raipur, Tahsil And District Raipur, Chhattisgarh. 3 - Hina Saluja W/o Sunit Singh Saluja Aged About 30 Years R/o Gondiya, District Gondiya, Maharashtra. 4 - Jaideep Saluja S/o Dilip Saluja Aged About 21 Years R/o Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 5 - Mandeep Kaur W/o Dilip Singh Saluja Aged About 62 Years R/o Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 6 - Jasvindar Singh Saluja S/o Late Harbhajan Singh Aged About 38 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh.(Legal Heirs Of Deceased Defendant Harbhajan Singh) REKHA SINGH -2- 7 - Jagmeet Singh Saluja S/o Late Harbhajan Singh Aged About 35 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh.(Legal Heirs Of Deceased Defendant Harbhajan Singh) 8 - Jasleen Kaur D/o Late Harbhajan Singh Aged About 43 Years (Wrongly Mentioned As 61 Years In Cause Title Of Impugned Order), R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh.(Legal Heirs Of Deceased Defendant Harbhajan Singh) 9 - Ranjeet Kaur W/o Late Harbhajan Singh Aged About 61 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh.(Legal Heirs Of Deceased Defendant Harbhajan Singh) 10 - Harvindar Pal Singh Saluja W/o Aji Singh Saluja Aged About 45 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 11 - Smt. Gurusharan Kaur W/o Lt. Jogendra Singh Saluja Aged About 56 Years R/o Plat No. 512, Cristal Aachard, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. 12 - Tinku Saluja S/o Late Jogendra Singh Saluja Aged About 36 Years R/o Plat No. 512, Cristal Aachard, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. 13 - Upkar Kaur Saluja S/o Late Jogendra Singh Saluja Aged About 28 Years R/o Plat No. 512, Cristal Aachard, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. 14 - Smt. Satnam Kaur D/o Late Dalji Singh Aged About 28 Years R/o Plat No. 512, Cristal Aachard, Shankar Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. 15 - State Of Chhattisgarh Through District Magistrate, District Raigarh, Chhattisgarh. 16 - Smt. Pushpadevi Agrawal W/o Kailash Chandra Agrawal Aged About 59 Years R/o Ganj Bazar, Kharsiya, District Raigarh, Chhattisgarh. 17 - Smt. Priti Agrawal W/o Ritesh Kumar Agrawal Aged About 31 Years R/o Gurudwara Road, Kharsiya, District Raigarh, Chhattisgarh. 18 - Smt. Premlata Agrawal W/o Dilip Kumar Agrawal Aged About 46 Years R/o Post Office Road, Kharsiya, District Raigarh, Chhattisgarh. 19 - Ramesh Kumar Agrawal S/o Johrimal Agrawal Aged About 36 Years R/o Post Office Road, Kharsiya, District Raigarh, Chhattisgarh. 20 - Smt. Pushplata Goyal W/o Ashok Kumar Goyal Aged About 64 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 21 - Smt. Komal Goyal W/o Pawan Kumar Goyal Aged About 40 Years R/o 3 Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 22 - Ashok Kumar Goyal S/o Late Satyanarayan Goyal Aged About 45 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 23 - Pawan Kumar Goyal S/o Ashok Kumar Goyal Aged About 45 Years R/o Station Road, Kharsiya, Tahsil Kahrsiya, District Raigarh, Chhattisgarh. 24 - Smt. Mahendra Kaur W/o Rajendra Singh Saluja Aged About 59 Years R/o Panjab Cycle Store, Aazad Chowk, District Raipur, Chhattisgarh. 25 - Smt. Charanjeet Kaur W/o Kalyan Singh Hora Aged About 56 Years R/o Gulab Jewelers Gurudwara Road, Takhatpur, District Bilaspur, Chhattisgarh. 26 - Smt. Ravindra Kaur W/o Preetpal Singh Hora Aged About 50 Years R/o Gurunanak Chowk, District Gondiya, Maharashtra. ---- Respondents For Petitioners/Plaintiffs : Mr. Sameer Oraon, Advocate For State : Mr. T.L. Bareth, PL For respondents No. 2,4,5,7,9 & 10 : Mr. Rajendra Tripathi, Advocate For other respondents : None appears though served Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.09.2025 1. The petitioners have filed this petition seeking the following relief(s):- “10.1 A writ and/or an order in the nature of writ of certiorari do issue quashing the order dated 31.1.2024 (Annexure P-1) passed by the Court below in Civil Appeal No.36/2023 and in effect allow the application and restrained the defendants/respondents from alienating the suit property till final disposal of this petition in the facts and circumstances of case. 10.2 Cost of the proceedings. 10.3 Any other writs and directions that may be deemed fit and just in the facts & circumstances of case.” 2. The facts of the present case are that the petitioners had filed a Civil Suit No.13-A/2012 for claiming therein relief of declaration of -4- permanent injunction which was dismissed vide judgment and decree dated 23.02.2023. Thereafter, a regular appeal was preferred along with an application under Order 39 Rules 1 & 2 of the CPC as the defendants were raising construction. It is stated that when an application moved by the petitioners for temporary injunction could not be heard and decided, an application under Order 39 Rule 1 (3) of CPC was moved and that has been rejected by the learned Appellate Court vide order dated 31.01.2024. Against said order, this petition has been preferred. 3. Mr. Uraon, learned counsel appearing for the petitioners would submit that the respondents/defendants are raising construction and thus, there was urgency. He would contend that till date, learned Appellate Court has not decided the application for temporary injunction and thus, he would pray to allow this petition. 4. On the other hand, learned Panel Lawyer appearing for the State and counsel for appearing for other respondents would oppose the submissions made by learned counsel for the petitioners. 5. Heard learned counsel appearing for the parties and perused the documents placed on record. 6. Considering the fact that the application moved under Order 39 Rules 1 & 2 is still pending consideration before the learned Appellate Court, therefore, without making any observation on the 5 merits of the case, the present petition is disposed of with a direction to the learned Appellate Court to decide the application moved by the petitioners under Order 39 Rules 1 & 2 within a period of 30 days from today. 7. Mr. Tripathi, who represents respondents No.2,4,5,7,9 & 10 is directed to communicate this order to the respective respondents and if the respondents wish not to appear despite this communication, learned Appellate Court shall be at liberty to decide the pending application. 8. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha