1 2025:CGHC:57680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 222 of 2025 Smt. Sarita Sahu W/o Late Dinanath Sahu Aged About 56 Years R/o Ward No. 46, Shastri Nagar, Sarkanda, Tahsil And District Bilaspur Chhattisgarh (Plaintiff) ...Appellant. versus 1 - Sarovar Sahu S/o Late Suresh Sahu Aged About 30 Years R/o In Front Of Mawali Mata Mandir, Near Amha Talab, Village Birkona, Tahsil And District Bilaspur Chhattisgarh (Defendants). 2 - Smt. Chetna Sahu W/o Shri Avinash Sahu, D/o Late Suresh Sahu Aged About 39 Years R/o Gayatri Nagar, In Front Of Digvijay College (Wrongly Mentioned As Collegeti) Tahsil And District Bilaspur Chhattisgarh. 3 - Smt. Pratima Sahu W/o Shri Santosh Sahu, D/o Late Suresh Sahu Aged About 37 Years R/o Ramagreen City Khamtarai, Tahsil And District Bilaspur Chhattisgarh. 4 - Vibhor Yugal Sahu S/o Shri Dinesh Sahu Aged About 21 Years R/o In Front Of Mawali Mata Mandir, Near Amha Talab, Village Birkona, Tahsil And District Bilaspur Chhattisgarh. 5 - Dinesh Sahu S/o Shri Ramkrishna Sahu Aged About 58 Years R/o In Front AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.11.27 15:17:50 +0530 2 Of Mawali Mata Mandir, Near Amha Talab, Village Birkona, Tahsil And District Bilaspur Chhattisgarh. 6 - Smt. Divya Sahu W/o Shri Ravikant Sahu Aged About 30 Years R/o Behind Siddhi Muskan, Ashok Nagar, Tahsil And District Bilaspur Chhattisgarh. 7 - Ramkrishna Sahu S/o Late Bisahu Sahu Aged About 81 Years R/o In Front Of Mawali Mata Mandir, Near Amha Talab, Village Birkona, Tahsil And District Bilaspur Chhattisgarh. 8 - State Of Chhattisgarh Through Collector, Bilaspur, District Bilaspur Chhattisgarh. ... Respondents. For Appellant : Shri Tarendra Kumar Jha, Advocate. For Respondent Nos.1 & 4 : Shri Sourabh Sahu, Advocate on caveat. For State/Res. : Shri Amandeep Singh, Panel Lawyer. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 27/11/2025 1. This Miscellaneous Appeal has been filed against the order dated 16.10.2025 passed by the 12th District Judge, Bilaspur C.G. in Civil Suit case No.91A/2025, whereby application preferred by the appellant/plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, was dismissed. 2. At the outset, counsel for the appellant/plaintiff submits that there is a principle under Section 52 of the Transfer of Property Act, 1882 (hereinafter “the TP Act, 1882”) that for any transfer, principle of lis pendens applies and the property cannot be transferred or otherwise dealt 3 with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. On such score, he prays for a direction to the concerned trial Court to expedite the civil suit. 3. Counsel for the other side would not oppose the aforesaid prayer. 4. For the sake of ready reference, Section 52 of the TP Act, 1882, is reproduced hereunder: 52. Transfer of property pending suit relating thereto.- During the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits by the Central Government [ ***] of any suit or proceeding which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. 5. 5. Having considered the aforesaid submission and considering that statutory principle is applicable and also keeping in view the provisions relating to transfer of property when any suit is pending in terms of Section 52 of the TP Act, 1882, this Appeal is disposed of directing the trial Court to expedite the trial and conclude the same within an outer 4 limit of 8 months from the date of receipt of copy of this order. 6. With the aforesaid observation/direction, this Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash