1 2026:CGHC:19727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 279 of 2026 Ajay Sidara S/o Late Hariram Sidara, Aged About 38 Years R/o Nariyal Kothi Dayalband Tehsil And District- Bilaspur (C.G.) ... Petitioner versus 1 - Dr. Renu Jogi W/o Late Ajeet Pramod Jogi, Aged About 72 Years R/o Jogi Niwas Block No. 14, House No. 9/39 In Front Of Chief Minister Residence, Civil Lines, Raipur (C.G.). 2 - Ajay Kumar Jaiswal S/o Awadhram Jaiswal Aged About 46 Years R/o Ward No. 14, Chaurotola Mendhku Darri, Tehsil Pendra Road District- Gpm C.G. 3 - State Of Chhattisgarh Through The Collector, Raipur (C.G.) ... Respondents For Petitioner : Mr. Sameer Oraon, Advocate For State/ Respondents No. 1 & 2 : Mr. Kshitij Sharma, Advocate For State/ Respondents No. 3 : Mr. Supriya Upasane, G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 28/04/2026 1. Present writ petition under Article 227 of the Constitution of India filed by the petitioner against the impugned award dated ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.04 15:05:55 +0530 2 13.02.2026 passed by learned IIIrd District Judge Bilaspur in Civil Suit A/16/2026, whereby the application filed by the petitioner under Order 39 Rule 3 read with Section 151 of CPC has been dismissed. 2. Learned counsel for the petitioner would submit that in the present petition, vide order dated 12.03.2026, the co-ordinate Bench of this Court has passed interim order restraining the defendants from creating any third Party interest over the subject matter of the Civil Suit pending before the learend Trial Court. The application under Order 39 Rule 1 and 2 of CPC is pending and the date has been fixed as 01.05.2026. The learned Trial Court has not proceeded in the matter to decide the application filed by the petitioner under Order 39 Rule 1 and 2 by observing in its order-sheet that there is stay-of proceeding by this Court and waiting for the further orders. He would further submit the trial Court may be directed to decide the application of Order 39 Rule 1 and 2 CPC filed by the petitioner in accordance with law on the next date fixed before it, on its own merits, and till then the interim protection granted by this Court in the present writ petition may be continued. 3. On the other hand learned counsel for the Respondent No.1 and 2 would submit that though they have no objection in direction given to the learned Trial Court to decide the application filed by the petitioner under Order 39 Rule 1 and 2 in accordance with law on its own merits, however, the order may be specified that the interim protection granted by this Court vide order dated 12.03.2026, is 3 restricted only to the extent of the suit property of Khsara No.144/5 area 650 square feet out of total 2771 square feet of the said khasra No. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. Be that as it may, rival submissions made by learned counsel for the parties and the dispute involved in the present petition, without going into merits of the case, considering the submissions made by learned counsel for the parties that in the Civil Suit, the proceedings is fixed before the learned Trial Court on 01.05.2026 and the application under Order 39 Rule 1 and 2 CPC filed by plaintiff is pending for its consideration, the learned Trial Court is directed to decide the application filed by the petitioner/plaintiff under Order 39 Rule 1 and 2 CPC on the next date fixed before it, in accordance with law, on its own merit, without influenced by any observation or interim order passed by this Court. Till the decision of the application under Order 39 Rule 1 and 2 of CPC, the interim protection granted to the petitioner/ plaintiff vide order dated 12.03.2026 in the present writ petition, shall remain operative. 6. With the aforesaid observation the present writ petition is disposed off. Sd/- (Ravindra Kumar Agrawal) Judge Arpan