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2026 DAILYLAW 20927 (CHH)

AVNISH DIWAN v. SMT. RANJANA DIWAN

WP227/608/2026 · 2026-05-28

Shri Narendra Kumar Vyas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23504 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 608 of 2026 Avnish Diwan S/o Late Shri Arun Kumar Diwan Aged About 57 Years R/o Kadam Niwas, Besides Green Garden Colony, Mungeli Road, Bilaspur, Tahsil And District Bilaspur Chhattisgarh ... Petitioner versus 1 - Smt. Ranjana Diwan W/o Late Ravish Kumar Diwan Aged About 55 Years R/o Main Road, Sadar Bazar, Infrot Of Narumal Panjumal Shop, Mungeli, Tahsil And District Mungeli Chhattisgarh 2 - Girish Diwan S/o Late Arun Kumar Diwan Aged About 63 Years R/o Main Road, Sadar Bazar, Mungeli, Tahsil And District Mungeli Chhattisgarh 3 - Nitish Diwan S/o Late Arun Kumar Diwan Aged About 61 Years R/o Main Road, Sadar Bazar, Mungeli, Tahsil And District Mungeli Chhattisgarh 4 - Manish Kumar Diwan S/o Late Arun Kumar Diwan Aged About 56 Years R/o L I G 69, Nehru Nagar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh 5 - Smt. Anju @ Anjusha S/o Late Arun Kumar Diwan, W/o Shri Sanjay Gupta Aged About 58 Years R/o Ramgopal Tiwari Ward, Mungeli, Tahsil And District Mungeli Chhattisgarh 6 - Ramkumar Sahu S/o Heeralal Sahu Aged About 60 Years R/o Village Farhada, Tahsil Jarhagaon, District Mungeli Chhattisgarh 7 - Vedram Sahu S/o Punwaram Sahu Aged About 28 Years R/o Village Farhada, Tahsil Jarhagaon, District Mungeli Chhattisgarh 8 - Rajkumar Sahu S/o Shri Bajraha Sahu R/o Village Dotma, Tahsil Pathariya, District Mungeli Chhattisgarh 9 - State Of Chhattisgarh Through Collector Mungeli, Tahsil And District Mungeli, Chhattisgarh. ... Respondents RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2026.05.29 14:53:25 +0530 2 For Petitioner : Mr. Ankur Diwan, Advocate. For State/Respondent No.9 : Mr. Amit Buxy, Dy. Govt. Advocate. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 29/05/2026 1. This petition has been filed by the petitioner seeking direction to maintain status quo with respect to the suit properties till the disposal of the application under order 39 rule 1 & 2 CPC by the concerned Civil Court in Civil Suit No.8A/2026. 2. Learned counsel for the petitioner submits that there is a pending Civil Suit No. 8A/2026, in the Court of learned First Additional Sessions Judge of learned Civil Judge (Junior Division), District – Mungeli (C.G.), wherein the suit for declaration is pending. The petitioner has filed an application under order 39 rule 1 & 2 CPC on 05.01.2026, praying for a limited prayer to grant of temporary injunction to the effect that the suit properties must not be sold/transferred during the pendency of the civil suit, and the matter has not yet been decided by the concerned Civil Court. Thus, the counsel for the applicant prays for early disposal of the said pending application filed by the petitioner. 3. On the other hand, Mr. Amit Buxy, learned Deputy Government Advocate appearing for the respondent No.9/State opposed the submissions raised by the learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record. 5. Considering the fact that the said applications under order 39 rule 1 & 2 CPC as well as the Civil Suit No. 8A/2026 are pending before the concerned 3 Civil Court which are emergent in nature, as such the learned Civil Court is directed to make an endeavor to proceed with the matter in accordance with law and conclude the same, expeditiously within 45 days after the next date of hearing i.e. on 16.06.2026. 6. With the aforesaid observation and direction, the instant writ petition is disposed of. 7. Let a copy of this order be sent to the concerned Civil Court for necessary compliance and follow up action, if any. Sd/- (Narendra Kumar Vyas) Judge Rajshekhar