-1- 2025:CGHC:32240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 574 of 2022 Ramprasad S/o Gendu@ Anand, Aged About 60 Years Caste - Kumhar, R/o Village Karanji, Police Station Vishrampur, Tehsil And District Surajpur Chhattisgarh. ... Petitioner versus 1 - Budhram S/o Gendu @ Anand Aged About 54 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 2 - Ramkeliya W/o Gendu @ Anand, Aged About 80 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 3 - Shankar S/o Gendu @ Anand, Aged About 44 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 4 - Moharmaniya D/o Gendu @ Anand W/o Sandhari, Aged About 57 Years Caste - Kumhar, R/o Village Karauti, P.S. Jhilmili, District Surajpur Chhattisgarh. 5 - Kaushalya D/o Gendu @ Anand, W/o Tilak Aged About 48 Years Caste Kumhar R/o Village Karanji, P.S. Vishrampur, District Surajpur Chhattisgarh. 6 - Chandramaniya D/o Gendu @ Anand W/o Lakhpati, Aged About 48 Years Caste Kumhar, R/o Village Bhatgaon, P.S. Bhaiyathan, District Surajpur Chhattisgarh. 7 - Guddi D/o Gendu @ Anand, W/o Shailendra, Aged About 40 Years Caste - Kumhar, R/o Village Barul, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 8 - Thakur Prasad S/o Chetan, Aged About 70 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 9 - Nanki D/o Chetan, W/o Rampyari Aged About 67 Years Caste - Kumhar, R/o Village Ramnagar, Tehsil And District Surajpur Chhattisgarh. 10 - Bodhan S/o Chetan Aged About 60 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. Digitally signed by NADIM MOHLE -2- 11 - Lakhani D/o Chetan W/o Gawati, Aged About 57 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 12 - Ramdeo S/o Chetan, Aged About 54 Years Caste - Kumhar, R/o Village Odagi, Tehsil And District Surajpur Chhattisgarh. 13 - Dholi D/o Chetan Aged About 60 Years Caste - Kumhar, R/o Village Karauti, Tehsil And District Surajpur Chhattisgarh. 14 - Rambai D/o Chetan W/o Sadharan, Aged About 45 Years Caste - Kumhar, R/o Village Navapara Batara, Tehsil Bhatgaon, District Surajpur Chhattisgarh. 15 - Atilal S/o Bajram, Aged About 45 Years Caste - Kumhar, R/o Village Karanji, P.S. Vishrampur, Tehsil And District Surajpur Chhattisgarh. 16 - State Of Chhattisgarh, Through The Collector Surajpur, District Surajpur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Sushil Dabey, Advocate For Respondents No. 1 to 2 : Mr. Kabir Kalwani, Advocate, holding the brief of Mr. Anurag Singh, Advocate For State : Mr. Prateek Tiwari, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.07.2025 1) The present petition has been preferred challenging the order dated 21.06.2022 passed by the learned District Judge, Surajpur, in Misc. Civil Appeal No. 3/2022, arising out of the order dated 26.11.2021 passed by the learned IVth Civil Judge Class-I, Surajpur in Civil Suit No. 6A/2021, whereby the learned trial Court had allowed the application under Order 39 Rules 1 and 2 of the CPC moved by the plaintiffs and granted temporary injunction. 2) The brief facts of the case are that the plaintiffs filed Civil Suit No. 6A/2021 for declaration, partition, and cancellation of sale deed in respect of ancestral property. Along with the plaint, an application under Order 39 Rules 1 and 2 of -3- the CPC was filed seeking temporary injunction. The learned trial Court allowed the said application, and the appeal preferred against the said order by defendant No. 1 was dismissed by the learned appellate Court. 3) Learned counsel for the petitioner would submit that the suit is pertaining to the issues of ancestral property and rights of co-sharers, which require adjudication on merits. However, in view of the interlocutory proceedings, the matter is being delayed. It is, therefore, prayed that a direction may be issued to the learned trial Court for early disposal of the civil suit. 4) Learned counsel for the respondents would not raise any objection to the above prayer. 5) Heard. 6) Considering the nature of the dispute and the fact that the suit is pertaining to the year 2021, this Court is of the opinion that the interest of justice would be served if a direction is issued for expeditious disposal of the suit (6A/2021). 7) Accordingly, the petition is disposed of with a direction to the learned IVth Civil Judge Class-I, Surajpur, District Surajpur (C.G.), to make all endeavours to conclude and decide the pending Civil Suit No. 6A/2021, expeditiously. 8) It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) Judge Nadim