1 2025:CGHC:19200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 140 of 2021 • Murtaja Ansari, S/o Sagir Ansari, Aged About 50 Years R/o Kuwa Bhattha, Budhwari Bazar, By Pass Road, Korba, Tahsil And District Korba, Chhattisgarh ... Petitioner Versus 1. Mahavir Prasad Agrawal, S/o Ram Kumar Agrawal, Aged About 70 Years R/o T.P. Nagar, Korba, Tahsil And District Korba, Chhattisgarh 2. Patwari, Korba, Patwari Halka No. 16, Korba, (The Then Patwari Shri Chakradhar Singh Sidar, Presently Posted As Revenue Inspector, Korba), Tahsil And District Korba, Chhattisgarh 3. State Of Chhattisgarh, Through The Collector, Korba, District : Korba, Chhattisgarh ... Respondents For Petitioner : Mr. Anurag Agrawal, Advocate holding the brief of Mr. Abhijeet Mishra, Advocate For Respondent No. 1 For Respondent No. 2 For Respondent No. 3/State : : : Mr. Manoj Paranjpe, Advocate Ms. Aditi Singhvi, Advocate Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28/04/2025 1. The petitioner has challenged the order dated 23.02.2021 passed by the learned Ist Additional District Judge, Korba in Misc. Civil Appeal No. 02-A/2021, whereby the order passed by the learned trial Court dated Digitally signed by RAMESH KUMAR VATTI 2 02.02.2021 was affirmed and the application moved by the plaintiff for temporary injunction was rejected. 2. Mr. Anurag Agrawal, learned counsel appearing for the petitioner would submit that the plaintiff filed a suit for declaration of title and permanent injunction over dwelling House No. 853/33. He would contend that the petitioner is in possession of the Abadi land and has raised the construction over it. He would further contend that an application under Section 250 of the CG Land Revenue Code filed by defendant No.1 was allowed by the learned Tehsildar. He would also contend that the petitioner challenged the order passed by Tehsildar. He would further submit that at present the suit is at the stage of evidence of the parties and it is pending since 07.12.2020. He would also submit that if the plaintiff/petitioner is dispossessed, he would become shelter-less as he has no other alternative accommodation in the locality. 3. On the other hand, learned counsel appearing for the respective respondents would oppose. They would submit that the courts below have recorded concurrent findings. However, they would endorse the submission made by learned counsel for the petitioner that the suit is at the stage of evidence of the parties. 4. Heard learned counsel for the parties. 5. Taking into consideration the fact that the petitioner is in possession of the subject property, he has raised construction of the dwelling house over it, he has been residing there for a long and the suit is at the stage of evidence of the parties, therefore, the interim order which was granted on 26.02.2021 shall continue till the disposal of the civil suit. 6. Further considering that the suit was filed in the year 2020, the learned trial Court is directed to expedite the proceedings and to make all 3 endevours to conclude it at the earliest. The learned trial Court is also directed not to grant unnecessary adjournments in the matter without sufficient reason or cause. 7. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti