2026:CGHC:13861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 327 of 2026 1 - Sukhdev S/o Dhuru Aged About 60 Years R/o Village Pendri, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh ... Petitioner(s) versus 1 - Kamla Bai D/o Dhaururam Aged About 55 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh 2 - Jantri Bai D/o Dhururam Aged About 48 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh 3 - Motin Bai D/o Dhururam Aged About 55 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh 4 - Savita Bai D/o Dhururam Aged About 44 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh 5 - Narbad Bai D/o Dhururam Aged About 42 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh 6 - Kevra Bai D/o Dhururam Aged About 40 Years Cultivator, And Village Pendri, Tahsil And P.S. Dongargarh, District Rajnandgaon Chhattisgarh (Dhururam, S/o Balaram (Deleted) Firobai @ Mehatrin (Dead) 7 - State Of Chhattisgarh Through The Collector, District Rajnandgaon Chhattisgarh 8 - Sunderlal Sinha S/o Suresh Kumar Sinha Aged About 34 Years R/o Chingripara Ward No. 06, Supela, Bhilai, District Durg Chhattisgarh 9 - Kanhaiya S/o Jethu Aged About 65 Years R/o Village Belargondi, Tahsil Salekasa, District Gondiya Maharashtra 10 - Dhanaram S/o Jethu Aged About 50 Years R/o Village Pendri, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 11 - Gangadhar S/o Jethu Aged About 40 Years R/o Village Pendri, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 12 - Kishan Bai D/o Jethu Aged About 45 Years R/o Village Pendri, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 13 - Chandarbai D/o Jethu Aged About 39 Years R/o Mudpar, Tahsil And District Rajnandgaon Chhattisgarh Digitally signed by V PADMAVATHI Date: 2026.03.27 18:05:22 +0530 Wp227 327 of 2026 2 14 - Punita D/o Jethu Aged About 37 Years R/o Mudipara, Tahsil And District Rajnandgaon Chhattisgarh 15 - Dilip S/o Tularam Aged About 30 Years R/o Gatapar, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 16 - Bisahu S/o Tularam Aged About 65 Years R/o Gatapar, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 17 - Trilochan S/o Tularam Aged About 40 Years R/o Gatapar, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh 18 - Rekha D/o Tularam Aged About 45 Years R/o Village Rankathera, Tahsil And District Rajnandgaon Chhattisgarh 19 - Subham S/o Tularam Aged About 43 Years R/o Village Margaon, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 20 - Sanwala S/o Tularam Aged About 50 Years R/o Village Margaon, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 21 - Shyamlal S/o Pachkaud Aged About 65 Years R/o Village Pendri, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 22 - Dindayal S/o Pachkaud Aged About 50 Years R/o Village Pendri, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 23 - Shanti D/o Pachkaud Aged About 60 Years R/o Village Pendri, Tahsil Dongargarh District Rajnandgaon Chhattisgarh (Shyamkunwar, D/o Pachkaud, Aged About 45 Years (Dead) 24 - Bhuwanbati D/o Pachkaud Aged About 45 Years R/o Village Pendri, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 25 - Raghu S/o Bhanjan Aged About 60 Years R/o Village Dumardih, Tahsil And District Rajnandgaon Chhattisgarh 26 - Dilip S/o Bhanjan Aged About 45 Years R/o Village Dumardih, Tahsil And District Rajnandgaon Chhattisgarh 27 - Prakash S/o Bhanjan Aged About 35 Years R/o Village Gatapar, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 28 - Usha D/o Bhanjan Aged About 45 Years R/o Village Kaketara, Tahsil Dongargarh District Rajnandgaon Chhattisgarh 29 - Rupa S/o Balaram Aged About 75 Years R/o Village Mohba, Tahsil And District Rajnandgaon Chhattisgarh ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri SP Sahu, Advocate For Respondent/State : Ms Isha Jajodiya, PL ------------------------------------------------------------------------------------------------------------------ Wp227 327 of 2026 3 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23.03.2026 1. Heard. 2. Present writ petition filed under Article 227 of the Constitution of India filed by the petitioner against the impugned order dated 03.03.2026, passed by the learned District Judge, Dongargarh in Civil Appeal-20A of 2026, whereby the application under Order 41 Rule 5 of the CPC filed by the petitioner has been dismissed. 3. Learned counsel for the petitioner would submit that the petitioner was the plaintiff before the learned trial Court. He filed a Civil Suit bearing Civil Suit No.40A of 2012 before the learned Civil Judge, Senior Division, Dongargarh, for declaration of title, and permanent injunction and declaring the sale deed dated 13.10.2016 as null and void. The said Civil Suit was decided on 23.01.2026, and the suit of the plaintiff was dismissed. Against the judgment and decree dated 23.01.2026, plaintiff has filed First Appeal before the learned appellate Court, in which he also filed an application under Order 41, Rule 5 of the CPC for staying the effect and operation of the said impugned judgment and decree. He would further submit that petitioner should be deprived of his benefits of his property, if the interim relief would not be granted to him, and if the effect and operation of the impugned decree would not be stayed, therefore, he filed the present writ petition. 4. Heard learned counsel for the petitioner and perused the material annexed with the petition. Wp227 327 of 2026 4 5. In the present writ petition, the subject matter is order dated 03.03.2026, passed by the learned appellate Court, whereby, application filed by the petitioner for stay was dismissed. Petitioner was the plaintiff before the learned trial Court, and after dismissal of the suit, he filed the appeal in which he moved the application for stay of effect and operation of the impugned judgment and decree. 6. From perusal of the judgment and decree dated 23.01.2026, it transpires that the suit of the plaintiff/petitioner has been dismissed by the learned trial Court and no executable decree has been passed. 7. Since there is no executable decree has been passed against the plaintiff/petitioner herein, there is no question arises for staying the impugned judgment and decree for which application under Order 41 Rule 5 has been filed. From perusal of the impugned order passed by the learned trial Court, application of the petition has been dismissed on this ground alone, that there is no material on record to stay effect and operation of the impugned judgment and decree, as the Civil Suit of the petitioner has been dismissed. After going through the documents annexed with the writ petition, and considering the provisions of application filed under Order 41 Rule 5, I do not find any perversity or illegality in dismissing the application of the petitioner by the learned appellate Court. 8. Accordingly, the present writ petition fails and it is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) JUDGE padma