1 2025:CGHC:54720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 448 of 2025 1 - Manish Parakh S/o Rajendra Parakh Aged About 33 Years R/o Gandai Pandariya, Tehsil Chhuikhadan District Rajnandgaon (Now District Khairagarh- Chhuikhadan- Gandai) (C.G.) ... Petitioner(s) versus 1 - Girishchand Parakh S/o Late Ranidanlal Parakh Aged About 47 Years R/o Shanichari Bazar Durg, Tehsil And District Durg (C.G.) 2 - State Of Chhattisgarh Through Collector Durg, District Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Parth Kumar Jha, Advocate For Respondent No.1 : Mr. Ashish Surana, Advocate For Respondent No.2 : Mr. Vedant Shadangi, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 10/11/2025 1. The challenge in this writ petition is to an order dated 15.04.2025 (Annexure P-4) passed by the 5th Additional District Judge, Durg (CG) in Civil Case No. MCA/ 3/ 2020. 2. Learned counsel for the petitioner submits that the petitioner is the plaintiff who has filed a suit for declaration; possession and permanent injunction in respect of suit property comprised in piece of Khasra No.193/ 21 Area 0.162 Hectares, situated at village Sikola P. H. No.17, RIC, Durg (CG). Along with this plaint, the petitioner/plaintiff has filed an application under Order 39 Rule 1 & 2 of the CPC seeking an injunction that respondent No.1/ defendant No.1 be restrained from alienating the suit property to any other person or from creating any third-party interest. The aforesaid application was allowed by the learned 7th Civil Judge, Class-2 Durg (CG) in Civil Suit No.56 A/ 2019 vide its order dated 23.10.2019 and respondent No.1/defendant No.1 was restrained from alienating the suit property till 2 the disposal of the suit or for 6 months whichever is earlier. The said order was put to challenge by respondent No.1/ defendant No.1 before the Appellate Court by filing a miscellaneous appeal under Order 43 Rule 1(r) of the CPC. Vide the impugned order, the appeal filed by respondent No.1/ defendant No.1 was allowed and the injunction granted in favour of the petitioner/plaintiff was set aside. He further submits that while issuing notice in this writ petition, this Court was pleased to grant an interim order restraining respondent No.1/ defendant No.1 from alienating the suit property. He submits that the suit was filed in the year 2019 and is still pending consideration for more than 6-7 years. By continuing the interim order dated 23.09.2025, this petition may be disposed of with a direction to the learned trial Court to expedite the suit and decide the same within a stipulated period of time. 3. On instructions Mr. Surana submits that as the lis has been pending for more than 6-7 years, and the interim order is operating against the petitioner for a considerable period of time, the trial Court may be directed to decide the suit within a reasonable period of time. 4. Heard learned counsel for the parties and perused the record. 5. Taking into consideration the submissions made by learned counsel for the parties, it is observed that respondent No.1/ defendant No.1 shall not alienate the suit property bearing Khasra No.193/ 21, Area 0.162 Hectare situated at village Sikola P. H. No.17 RIC Durg (CG), till the disposal of the Civil Suit No.56 A/ 2019 pending before the 7th Civil Judge, Class-2 Durg (CG). From perusal of the record it appears that the civil suit was filed in the year 2019 and after lapse of 6-7 years, it is still pending consideration, therefore, it is expected that the learned trial Court shall expedite the hearing of the suit and conclude the same preferably within a period of 8 months from the date of receipt of a copy of this order, subject to the cooperation of the parties. 6. Thus, writ petition is disposed off. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.11.13 10:52:30 +0530