1 2026:CGHC:1667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 22 of 2026 1 - Smt. Deepa Das W/o Shri Mangalu Das Aged About 55 Years R/o Moti Talabpara, Indira Ward No. 16, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. 2 - Smt. Indu Singh W/o Shri Shankar Singh Aged About 41 Years R/o Village Bade Marenga, Tahsil Tokapal, District : Bastar(Jagdalpur), Chhattisgarh. ... Petitioners versus 1 - Smt. Fagani Wd/o Late Mangalu Aged About 45 Years R/o Village Bade Marenga, Tahsil Tokapal, District:Bastar(Jagdalpur), Chhattisgarh. 2 - State Of Chhattisgarh Through Collector, Place Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. ... Respondents For Petitioners : Mr. Pushpendra Kumar Patel, Advocate For Res. No. 2 : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Sachin Singh Rajput Order On Board 12/01/2026 1. The present writ petition has been filed by the petitioner with the following prayer: 2 “10.1That, this Hon’ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon’ble Court, may kindly be pleased to set-aside the impugned order dated 28.11.2025(AnnexureP-1) passed by the learned Court of Second District Judge, Bastar Place Jagdalpur {Second Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G.)} in Misc. Civil Appeal No. 05/2025 (CNR No. CGBA01-000968-2025), in the interest of justice. 10.3 That, any other relief, this Hon’ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioners submits that challenge in this writ petition is to an order dated 28.11.2025 (Annexure P/1) passed by the learned Court of Second District Judge, Place Jagdalpur District Bastar (C.G.) in Miscellaneous Civil Appeal No. 05/2025 by which the appeal filed by the respondent No. 1/plaintiff was allowed and an order of status quo was granted that till decision of the application filed under Order 39 Rule 1 & 2 of Civil Procedure Code (in short “CPC”) before the 4th Civil Judge Junior Division District- Bastar (Jagadalpur) (C.G.). Learned counsel for the petitioner further submits that the respondent No. 1/plaintiff filed a suit for declaration of title confirmation of possession and permanent injunction and declaring the sale deed dated 19.03.2025 executed in favour of the defendant No. 2/petitioner No. 2 as null and void. Alongwith this application, respondent No. 1/plaintiff filed applications under Order 39 Rule 1 & 2 and under Order 39 Rule 3 of CPC. The application under Order 39 Rule 3 of the CPC was rejected by learned Civil Judge which was challenged in the said appeal by the respondent No. 1/plaintiff and the appeal was allowed. Learned counsel for the petitioner again submitted that for the present, this writ petition may be disposed of 3 directing the learned Civil Judge to decide the application under order 39 Rule 1 & 2 of CPC pending before it expeditiously preferably within a reasonable period of time. 3. Learned counsel for the State submits that the dispute is between the petitioner and respondent No. 1. 4. Taking into consideration the submission made by learned counsel for the petitioner, it appears that an application under order 39 Rule 1 & 2 of CPC is pending before the learned Civil Judge, thus, this Court is disposing of this writ petition with an observation that the learned Civil Judge would make all endeavour to decide the application under Order 39 Rule 1 & 2 of CPC filed by the respondent No. 1/plaintiff within a reasonable period of time subject to corporation of the parties without giving unnecessary adjournments 5. with the aforesaid observation/direction this writ petition is disposed of. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.01.19 17:44:04 +0530