1 2025:CGHC:5713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 104 of 2025 1. Aatmaram S/o Brijlal Sahu Aged About 57 Years R/o Village - Latabod, Tahsil And District Balod Chhattisgarh 2. Tumesh S/o Aatma Aged About 24 Years R/o Village - Latabod, Tahsil And District Balod Chhattisgarh ... Petitioner(s) versus 1. Hariram S/o Brijlal Aged About 65 Years R/o Village - Latabod, Tahsil Balod District Balod Chhattisgarh (Defendant No. 1) 2. Chunnilal S/o Hariram Sahu Aged About 30 Years R/o Village - Latabod, Tahsil Balod District Balod Chhattisgarh (Defendant No. 7) 3. Daminbai W/o Hariram Sahu Aged About 60 Years R/o Village - Latabod, Tahsil Balod District Balod Chhattisgarh (Defendant No. 8) 4. Domendra Kumar S/o Hariram Sahu Aged About 26 Years R/o Village - Latabod, Tahsil Balod District Balod Chhattisgarh (Defendant No. 9) 5. Rajni Bai W/o Manohar Sahu Village - Latabod, Tahsil Balod District Balod Chhattisgarh (Defendant No. 2) 6. Umashankar S/o Harishchandra Sahu Aged About 33 Years R/o Village Bhendra, Tahsil - Gundardehi, District Balod Chhattisgarh (Defendant No. 3) 7. Shivshankar S/o Harishchandra Sahu Aged About 29 Years R/o Village Bhendra, Tahsil - Gundardehi, District Balod Chhattisgarh (Defendant No. 4) 8. Mamta D/o Harishchandra Sahu Aged About 38 Years R/o Village Bhendra, Tahsil - Gundardehi, District Balod Chhattisgarh (Defendant No. 5) Digitally signed by AJINKYA PANSARE Date: 2025.01.31 14:24:46 +0530 2 9. Narmada S/o Harishchandra Sahu Aged About 37 Years R/o Village Kandul, Tahsil Gundardehi, District Balod Chhattisgarh (Defendant No. 6) 10. State Of Chhattisgarh Through The Collector, Balod, District Balod Chhattisgarh (Defendant No. 10) ... Respondent(s) For Petitioners : Mr. Raj Kumar Pali, Advocate For State/ Respondent No. 10 : Mr. Vedant Shadangi, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 31/01/2025 1) By way of this petition, petitioners have sought following relief(s):- I. That this Hon'ble Court may kindly be pleased to call for the entire records from the concerned Courts below pertaining to the case of the petitioners for its kind perusal. II. That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 19-11-2024 passed by learned Principal District Judge, Balod, District Balod (C.G.) in Civil Appeal no.17-A/2024 and also direct to decide the appeal as early as possible. III. Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case including cost of the litigation. 2) First appeal is the right of appellant and while admitting an appeal, Court has to grant interim relief and further case has been fixed for final arguments on 21.02.2025, therefore, no case is made out for interference. Thus, the relief sought for by the petitioners for setting aside the order passed by learned Court below on application moved under Order 41 Rule 5 of CPC is hereby declined. 3 3) However, this petition is disposed of directing the concerned trial Court to make all endeavors to conclude the proceeding of pending Civil Appeal No. 17-A/2024 expeditiously. 4) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya