1 2025:CGHC:22486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 484 of 2025 1 - Pitamber Behra S/o Parmanand Behra Aged About 62 Years R/o Jhinkabahal, Tahsil Tamnar, District Raigarh (C.G.) 2 - Suresh Behra S/o Devanand Behra Aged About 54 Years R/o Jhinkabahal, Tahsil Tamnar District Raigarh (C.G.) ... Petitioners/plaintiffs versus 1 - Executive Director, Jindal Power Limited Tamnar, Tahsil Tamnar And District Raigarh (C.G.) 2 - Devanand Behra S/o Harishchandra Behra Aged About 62 Years 3 - Jaymangal Behra S/o Harishchandra Behra Aged About 64 Years 4 - Chandramani Behra S/o Harishchandra Behra Aged About 63 Years 5 - Parmanand Behra S/o Harishchandra Behra Aged About 65 Years (Dead) 2 Respondent No. 2 to 5 R/o Village Jhinkabahal, Tahsil Tamnar, District Raigarh (C.G.) 6 - State Of Chhattisgarh Through Sub Divisional Officer Gharghoda, District Raigarh (C.G.) ... Respondents For Petitioners : Mr. Rakesh Behra and Mr. Abhishek Saraf, Advocates. For Respondent No.1 : Mr. Anuroop Panda, Advocate. For Respondent No.6/State. Mr. Satish Gupta, Govt. Advocate. Hon’ble Shri Justice Arvind Kumar Verma, J Order on Board 03/06/2025 With the consent of the parties, the matter is heard finally. 02. The present petitioners filed a civil suit for declaration of title and declaring the sale deed dated 18th November, 2005 as null and void, along with an application under Order 39 Rule 1 & 2 of CPC, 1908. Learned trial Court rejected the application under Order 39 Rule 1 & 2 of CPC, 1908. 03. Learned counsel for the petitioners has admitted the fact that the petitioners have already preferred an appeal under Section 104 read with Order 43 Rule 1 of CPC, 1908 before the appellate Court bearing Misc. Appeal No.3/2025. The relief sought for by the petitioners in this 3 petition are as under: “10.1 That, the Hon’ble Court may kindly be pleased to pass an appropriate order directing the learned trial court to decide the civil suit no. 59-A/2024 pending before the learned Civil Judge, Junior Division Gharghoda District Raigarh at the earliest or within stipulated time period in the interest of justice. 10.2 That, the Hon’ble Court may kindly be pleased to pass an direction/order of status quo in favour of the petitioners over the land in question till the disposal of civil suit no. 59-A/2024 pending before the learned Civil Judge Junior Division Gharghoda District Raigarh.” 04. Once the application under Order 39 Rule 1 & 2 of CPC, 1908 has already been rejected by the learned trial court and the petitioners have already preferred an appeal before the first appellate Court, there is no need to grant status quo. However, both the parties have agreed for direction to the learned trial Court for early disposal of the civil suit. 05. In view of above, this Court directs that Civil Suit No.59-A/2024 pending before learned Civil Judge, Junior Division, Gharghoda, Distt. Raigarh be decided at the earliest, preferably within a period of one year from the date of receipt of copy of this order. The parties are directed to cooperate with the trial Court in the proceedings. Learned appellate Court is also directed to decide the Misc. Appeal No.3/2025 filed by the petitioners within a period of two months 4 from the date of receipt of copy of this order. Both the parties are at liberty to raise all the grounds available to them and argue the matter in the said miscellaneous appeal. 06. With the aforesaid observations and directions, the instant writ petition stands disposed of. IA No.02/2025, application for urgent hearing of the case and IA No.03/2025, application for hearing of the case during summer vacation accordingly stand disposed of. Sd/ (Arvind Kumar Verma) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2025.06.04 10:31:22 +0530