1 2025:CGHC:51005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 198 of 2025 Smt. Asha Nimordkar W/o Sanjeev Nimordkar D/o Late Shishir Kumar Giri Aged About 41 Years R/o Dutt Kripa. B-22/4 Ved Nagar, Ujjain Tehsil And District- Ujjain (M.P.) (Plaintiff Before Ld. Tribal Court). ...Appellant. versus 1 - Smt. Renu Bala Giri W/o Late Shishir Kumar Giri Aged About 70 Years. 2 - Manoj Kumar Giri S/o Late Shishir Kumar Giri Aged About 42 Years. Respondent Nos.1 and 2 R/o Renuka Bhawan, Near Bus Stand Post Office Road, Saraipali, District - Mahasamund (C.G.) Defendants Before Ld. Trial Court. 3 - Smt. Mamta Giri Madhavan W/o Ajay Madhavan D/o Late Shishir Kumar Giri Aged About 45 Years R/o Lakshmi Bhawan, Main Road Near Ghateshwari Temple Saraipali, District- Mahasamund (C.G.) Presently Residing At Renuka Bhawan, Near Bus Stand Post Office Road Saraipali, District- Mahasamund (C.G.). 4 - Smt. Madhu Samal W/o Priyagopal Samal Aged About 44 Years R/o Village Sankhari . Teshil Bhugreyi District- Baleshwar Orissa Pin 756037. 5 - State Of Chhattisgarh Through Collector Mahasamund District - Mahasamund (C.G.). ... Respondents. For Appellant : Shri Priyank Rathi, Advocate. For State/Respondent : Shri Amandeep Singh, Panel Lawyer. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.10.14 14:25:44 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 14/10/2025 1. This Miscellaneous Appeal has been filed against the order dated 30.08.2025 passed by the First District Judge, Saraipali, District Mahasamund C.G. in Civil Suit No.03A/2024 whereby, application preferred by the appellant/plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 read with Section 151 CPC, 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 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. 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 3 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. 4. 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 limit of 8 months from the date of receipt of copy of this order. 5. With the aforesaid observation/direction, this Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash