1 2025:CGHC:8348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 127 of 2024 1 - Bhavani Shankar Sahu S/o Shri Mahattar @ Jai Krishna Sahu Aged About 34 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh 2 - Manoj Sahu S/o Shri Mahattar @ Jai Krishna Sahu Aged About 25 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh 3 - Phuleshwari @ Phoolkumari W/o Shri Hemant Kumar Saw Aged About 40 Years R/o Village Chhichhor Umariya, Tehsil- Pusour, District : Raigarh, Chhattisgarh ... Appellant(s) versus 1 - Shivprasad S/o Shri Subran Aged About 57 Years R/o Village- Gerwani, Tehsil- Tamnar And P.S. Raigarh, District : Raigarh, Chhattisgarh 2 - Shanshodhan S/o Shri Subran Aged About 54 Years R/o Village- Gerwani, Tehsil- Tamnar And P.S. Raigarh, District : Raigarh, Chhattisgarh 3 - Mahattar @ Jai Krishna Sahu S/o Shri Dhanurjay Sahu Aged About 61 Years R/o Village Devgaon, Tehsil Tamnar, District : Raigarh, Chhattisgarh 4 - State Of Chhattisgarh Through Collector, District : Raigarh, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Prakash Tiwari, Advocate For Respondent No.1 : Mr. Manoj Kumar Sinha, Advocate For Respondent No.3 : Mr. Anil Singh Rajput, Advocate For Respondent No.4/State : Mr. Rajeev Bharat, Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 18/02/2025 1. By filing this miscellaneous appeal under Order 43 Rule 1(r) of the CPC, the appellants have made following prayer:- “It is therefore prayed that this Hon’ble Court be pleased to set aside the order dated 27.9.2024, passed by the Learned District Judge, Gharghoda, District – Raigarh (CG) in Miscellaneous Civil Appeal No.02/2024, and direct the respondent No.4 to not to mutate the land in question till final decision of the pending civil suit bearing No.10A/2024 pending BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.02.19 15:03:59 +0530 2 before Civil Judge Class – I, Gharghoda, District – Raigarh in the ends of justice.” 2. At the outset, learned counsel for respondent No.1, on instruction, submitted an undertaking that respondent No.1 would not alienate the suit property in the near future, as such, this miscellaneous appeal may be disposed of by directing the trial Court to decide civil suit bearing No. 10A/2024 pending before Civil Judge Class-I, Gharghoda Distt. Raigarh, expeditiously, till then, he is ready to maintain status-quo. 3. In view of the aforesaid undertaking given by respondent No.1, learned counsel for the appellants extends his support and submits that since respondent No.1 is giving his undertaking to maintain status-quo, therefore, this appeal may be disposed of. 4. Learned counsel for respondent No.3 also extends his support for aforesaid contention of learned counsel for respondent No.1. 5. Having considered the undertaking given by respondent No.1, this petition is disposed of. The parties are directed to maintain status-quo in respect of suit property till disposal of the civil suit and the trial Court is directed to expedite the trial of Civil suit No.10A/2024 (Bhavani Shankar Sahu & Ors. vs. Shivprasad & Ors.) and conclude the same as early as possible, preferably within six months from the date of receipt/submission of a copy of this order. It is further observed that the parties shall cooperate with the trial Court for expeditious disposal of the civil suit. 6. Accordingly, the appeal stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini