1 2025:CGHC:31970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 469 of 2023 1 - Parwati Devi W/o Shri Tapeshwari Prasad Soni Aged About 80 Years R/o Village Lundra, Police Station And Tahsil Lundra, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - Kamalsai S/o Shri Bholanath Aged About 25 Years Occupation Agriculture, Caste Kisan, R/o Village Dandgaon, P S And Tahsil Lundra, District Surguja Chhattisgarh 2 - Kapit S/o Shri Bholanath Aged About 23 Years Occupation Agriculture , Caste Kisan, R/o Village Dandgaon, P S And Tahsil Lundra, District Surguja Chhattisgarh 3 - Bhagat S/o Shri Bholanath Aged About 21 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, P.S. And Tahsil Lundar, District Surguja Chhattisgarh 4 - Ramkumar S/o Shri Bholanath Aged About 20 Years (Died During Pendency Of M.C.C. No.61/2018) Through Proposed Legal Heirs 4.1 - (A) Yogesh S/o Late Ramkumar Aged About 40 Years R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja (C.G.) 4.2 - (B) Mukesh S/o Late Ramkumar Aged About 35 Years R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja (C.G.) 5 - Shobhanath S/o Late Kabra Aged About 50 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundara, District Surguja Chhattisgarh 6 - Loknath S/o Late Kabra Aged About 48 Years Occupation 2 Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 7 - Samaylal S/o Shri Meghnath Aged About 45 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 8 - Jairam S/o Late Kabra Aged About 43 Years S/o Late Kabra, Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 9 - Hiranath S/o Siddhram Aged About 50 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 10 - Manmohan S/o Late Sahdev Aged About 52 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 11 - Manager So Late Sahdev Aged About 48 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, P S And Tahsil Lundra, District Surguja Chhattisgarh 12 - Devlal S/o Late Kheenu Aged About 56 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 13 - Daya S/o Late Kheenu Aged About 52 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, P S And Tahsil Lundra, District Sarguja Chhattisgarh 14 - Doya S/o Late Thapru Aged About 68 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 15 - Fekuram S/o Late Baniya Aged About 35 Years R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 16 - Jagarnath S/o Baniya Aged About 38 Years Occupation Agriculturist Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 3 17 - Mu. Bhagmaniya Wd/o Late Baniya Aged About 40 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Stationand Tahsil Lundra District Surguja Chhattisgarh 18 - Mahajan S/o Sikta Aged About 55 Years Occupation Agriculturist, Caste Kisan, R/o Village Dandgaon, Police Station And Tahsil Lundra, District Surguja Chhattisgarh 19 - The State Of Chhattisgarh Through The Collector, Ambikapur, District Surguja Chhattisgarh ... Respondent(s) For Petitioner : Mr. A.N. Bhakta, Advocate along with Mr. Vivek Bhakta, Advocate For Respondents No. 1, 3, 5, 7, 8, 16 and 18 : Mr. Rishikant Mahobia, Advocate For State : Mr. Sanjeev Agrawal, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 10-07-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 That the Hon'ble Court may kindly be pleased to set-aside the impugned order dated 15.03.2023 (Annexure P-5), passed by the Trial Court. 10.3 That the Hon'ble Court may kindly be pleased to direct the Trial Court to decide the application Under Order 09 Rule 09 of CPC dated 01.10.2018 (Annexure P-1) filed by Plaintiff and restore the suit in its original number (Original Civil Suit No. 159/2013), thereafter application Under Order 22 Rule 04 of CPC be decided in accordance with law, in the interest of justice. 10.4 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded. 4 2) Learned counsel for the petitioner submits that petitioner [plaintiff] filed civil suit [Civil Suit No. 159/2013] for declaration of title, possession, permanent injunction and mesne profit on 07.01.2013. He further submits that on 19.09.2018, there was no representation on behalf of petitioner, thus suit was dismissed for want of prosecution. He contends that thereafter, application under Order 9 Rule 9 of CPC was filed on 01.10.2018 for restoration of civil suit and during pendency of restoration application, an application under Order 22 Rule 4 of CPC was also moved on 18.01.2023 for substitution of legal representatives of deceased defendant No. 4. He further contends that case was set for hearing on 15.03.2023 and the learned Trial Court dismissed the suit vide order dated 15.03.2023 as there was no representation. At this stage, he prays for a direction to the learned Second Civil Judge, Class–II, Ambikapur, District–Surguja to decide the application moved under Order 9 Rule 9 of CPC expeditiously as same remains pending since 01.10.2018. 3) On the other hand, learned counsel appearing on behalf of respective respondents oppose. 4) Heard. 5) Taking into consideration limited prayer made by Mr. Bhakta and also the fact that application moved under Order 9 Rule 9 of CPC remains pending since 01.10.2018, without commenting anything on the merits of case, this petition is hereby being disposed of directing the concerned Court below to decide the pending 5 application moved under Order 9 Rule 9 of CPC, preferably within a period of 120 days from the date of receipt of copy of this order. 6) It is expected that learned Court below will decide other pending applications expeditiously. 7) With the aforesaid direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.11 13:12:50 +0530