2026:CGHC:13066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 326 of 2026 Ravindra Kesharwani S/o Mahadev Kesharwani Aged About 50 Years R/o Kelo Vihar Colony, Raigarh, District Raigarh (C.G.) ... Petitioner(s) versus Ramchandra Kesharwani S/o Late Raghuveer Prasad Kesharwani Aged About 73 Years R/o Laxmi Lodge, Gopi Talkies Road, Raigarh, District Raigarh (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Siddhant Kumar Das, Advocate For Respondent : None appears ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18.03.2026 1. Heard. 2. Present petition has been filed under Article 227 of the Constitution of India for the following reliefs: “10.1 The Hon’ble Court may kindly be pleased to call for the records of the case. 10.2 Hon’ble Court may kindly be pleased to allow this application and set aside the order dated 07.03.2026 passed in Civil Execution No.115/2017 in the interest of Justice. Digitally signed by V PADMAVATHI Date: 2026.04.04 10:38:19 +0530 Wps 326 of 2026 2 10.3 Hon’ble Court may kindly be pleased to grant an interim stay on the demolition of the house at Plot No.36, Kelo Vihar Colony, and all further execution proceedings. 10.4 The Hon’ble Court may kindly be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner would submit that the petitioner is suffering from a decree of possession by the judgment and decree dated 20.12.2016 passed by the learned trial Court in Civil Suit-54A of 2014. Earlier, by mistake, the petitioner had prosecuted the First Appeal-376 of 2018 against the order passed in execution proceeding before this Court, which was dismissed by order dated 04.12.2023. Thereafter, petitioner filed the First Appeal-58 of 2026 before this Court against the judgment and decree dated 20.12.2016 passed in Civil Suit-54A of 2014, in which the notice has been issued to the respondent on the application of condonation of delay vide order dated 16.03.2026 by the coordinate Bench of this Court. He would also submit that the judgment debtor is prosecuting the execution proceeding of the said judgment and decree in which on 07.03.2026 the application filed by the petitioner under Section 151 CrPC has been rejected, and possession warrant has been issued for execution of the said judgment and decree and the case is fixed for today i.e.18.03.2026. He would further submit that due to inadvertence and by mistake, petitioner was bona fidely prosecuting his First Appeal-376 of 2018, and after dismissal of his First Appeal, he had taken recourse to file the First Appeal against the judgment and decree dated 20.12.2016. If the execution of impugned judgment and decree would not stay, the residential Wps 326 of 2026 3 house of the petitioner would be demolished in execution thereof. Therefore, at least till the decision of the interim application before the learned First appellate Court, the effect and operation of impugned judgment and decree and execution proceeding of Civil execution case-115 of 2017 may be stayed. 4. Heard learned counsel for the petitioner and perused the material annexed with the petition. 5. Copy of the judgment and decree dated 20.12.2016 passed in Civil Suit- 54A of 2014 has not been annexed in the present petition. It transpires from the application filed by the petitioner under Section 151 of the CPC, that the petitioner has suffered judgment and decree dated 20.12.2016. Though the petitioner has also not annexed the proceedings or order of the First Appeal- 376 of 2018, however, during course of submissions, when this Court put a query about the said dismissal of the appeal, learned counsel for the petitioner disclosed the registration number of the First Appeal which was earlier prosecuted by the petitioner before this Court. When this Court gone through the judgment passed in the said First Appeal, it transpires that it was dismissed on 04.12.2023 on merits, which was filed against the order dated 18.04.2018, passed in Civil Execution case- 115 of 2017 by the learned executing Court. It further transpires that the First Appeal-376 of 2018 was dismissed on 04.12.2023 however, petitioner has filed his First Appeal -58 of 2026 challenging the original judgment and decree dated 20.12.2016 on 02.03.2026 which shows the passive action of the petitioner to get his grievance redressed by the Court. It is only when the warrant of possession was issued in execution of judgment and decree, he moved his application on 07.03.2026 Wps 326 of 2026 4 before the learned executing court which has been rejected vide its order dated 07.03.2026. 6. Since the First Appeal-58 of 2026 challenging the impugned judgment and decree dated 20.12.2016 passed in Civil Suit-54A of 2014 is pending before the coordinate Bench of this Court, I am not inclined to grant any relief to the petitioner in the present writ petition. 7. The scope of Article 227 jurisdiction stands delineated by the Supreme Court in several decisions. One may note, for this purpose, the judgment of the Supreme Court in Estralla Rubber Vs Dass Estate (P) Ltd1 which has subsequently been followed in Gurment Craft Vs Prakash Chand Goel2 and Puri Investments Vs Young Friends & Co3. 8. Accordingly, the writ petition filed by the petitioner is dismissed. 9. Petitioner is at liberty to take recourse to law in appropriate proceeding, if so advised. Sd/- (Ravindra Kumar Agrawal) JUDGE padma 1 (2001) 8 SCC 97 2 2022 SCC Online SC 29 3 2022 SCC Online SC 283