2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(227) No. 945 of 2025 Satyanarayan Prasad S/o Late Ramprasad, Aged About 70 Years Caste - Kalar, R/o Village - Karsi, Post Office - Karsi, Police Station And Tahsil - Pratappur, District - Surajpur (C.G.) ---- Petitioner Versus 1 - Shivnarayan S/o Late Ramratan, Aged About 76 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 2 - Shivkumar S/o Late Ramratan, Aged About 65 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 3 - Laxmi Prasad S/o Late Ramratan, Aged About 55 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 4 - Arvind S/o Late Radheshyam, Aged About 32 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 5 - Ritesh S/o Late Radheshyam, Aged About 32 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 6 - Mukesh S/o Late Radheshyam, Aged About 30 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 7 - Rajesh S/o Late Ramkumar, Aged About 28 Years R/o Village - Sonpur, P.O. - Masga, P.S. And Tahsil - Pratappur, District - Surajpur (C.G.) 8 - Sanjay S/o Late Ganga, Aged About 40 Years R/o Village - Sevari, Post Office - Rajpur, Tahsil - Rajpur, District - Balarampur- Ramanujganj (C.G.) 9 - Vishwanath Sao S/o Late Mahabir (Died) Through Lrs Nil 9.1 - Virendra Kumar S/o Vishwanath Prasad Aged About 65 Years Caste - Kalar, R/o Lakhanpur, P.S. And Tahsil - Lakhanpur, Post - Lakhanpur, District - Surguja (C.G.) 9.2 - Mahendra Kumar S/o Late Vishwanath Prasad Aged About 62 Years Caste - Kalar, R/o Village - Vishrampur, Satpata, P.S. And Tahsil - Surajpur, District - Surajpur (C.G.) 9.3 - Dharmendra Kumar S/o Late Vishwanath Prasad Aged About 45 Years Caste - Kalar, R/o Village - Kepri, Post Office - Parsa, Tahsil - Lundra, District - Surguja (C.G.) 9.4 - Smt. Maya Devi W/o Shri Kashi Jaiswal, Aged About 50 Years D/o Late ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.10.07 17:55:42 +0530 -2- Vishwanath, R/o Village - Durgai, Gajadharpur, Post Office - Karwan, Tahsil - Surajpur, District - Surajpur (C.G.) 9.5 - Smt. Daya Devi W/o Shri Jainarayan And D/o Late Vishwanth Aged About 70 Years Caste - Jaiswal (Kalar), R/o Village - Bachrapodi, Tahsil - Khandgaon, District - Koriya (C.G.) 9.6 - Smt. Shanti Devi W/o Shri Saris Kumar And D/o Late Vishwanath, Aged About 48 Years Caste - Jaiswal (Kalar), R/o Village - Bachrapodi, Tahsil - Khandgaon, District - Koriya (C.G.) 9.7 - Smt. Vimla Devi W/o Shri Ramesh Jaiswal Aged About 52 Years D/o Late Vishwanath, R/o Near Holy Cross Convent School, Nagar Ambikapur, District - Surguja (C.G.) 9.8 - Smt. Kumkum Devi W/o Late Surendra Jaiswal, Aged About 65 Years R/o Village - Bhafouli, Post Office - Parsa, Tahsil - Ambikapur, District - Surguja (C.G.) 9.9 - Dhanjay Jaiswal S/o Late Surendra Jaiswal Aged About 35 Years R/o Village - Bhafouli, Post Office - Parsa, Tahsil - Ambikapur, District - Surguja (C.G.) 9.10 - Mirtyunjay Jaiswal S/o Late Surendra Jaiswal, Aged About 30 Years R/o Village - Bhafouli, Post Office - Parsa, Tahsil - Ambikapur, District - Surguja (C.G.) 9.11 - Smt. Sheela Devi W/o Late Kamta Devi, Aged About 62 Years R/o Village - Sonhar, Post Office - Shivsagar, Tahsil - Sasaram, District - Sasaram (Bihar) 9.12 - Sukhnandan /o Late Lakhan, Aged About 40 Years R/o Village - Amandon, Ghutrapara, Tahsil - Pratappur, District - Surajpur (C.G.) 10 - The State Of Chhattisgarh Through The Collector, Surajpur, District - Surajpur (C.G.) Respondents For Petitioner : Shri Rishikant Mahobia, Advocate. For Respondent No.10 : Shri Rajkumar Gupta, Addl. A.G. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 19/09/2025 1. This writ petition has been filed under article 227 of the Constitution of India, being aggrieved by the order dated 30/08/2025 passed in civil appeal no.09A/25 by which in the first appeal filed by the petitioner's, an application under Order 41 Rule 5 of the C.P.C. has been rejected. 2. Learned counsel for the petitioner submits that a suit for partition was filed by the respondent No.1 to 7 with respect to the property khasra no. 499 area 0.04 hectares i.e. 10 decimal, Village-Pratappur, Tehsil – Pratappur, District -Surajpur. The suit was decreed and which was subject to challenge in the first appeal along-with the application for grant of stay under order 41 rule 5 of CPC. The said application was rejected by the learned trial court by the impugned order by which it has been -3- observed that no execution proceedings can be drawn by the respondents /plaintiffs. He further submits that after application was dismissed, the respondents/plaintiffs have muted their name in the suit property and in all likelihood, they may proceed for execution of the decree. However, he submits that the first appeal was listed on 23/09/2025 for final hearing. 3. Heard learned counsel for the parties and perused the appended documents. 4. Since, the appeal is already listed for final hearing in the nearer date, this Court not inclined to interfere the impugned order. It is expected that learned First Appellate Court would make all endevour to decide the appeal expeditiously without giving unnecessary adjournment. 5. With above observation, this writ petition is disposed of. Sd/-Sd/- (Sachin Singh Rajput) Judge Ashish