Extracted from the PDF above. The PDF is authoritative.
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CGHC010247332026
2026:CGHC:30314
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 841 of 2026 1 - Nisar Ahmed S/o Late Mohammad Isha Aged About 75 Years Occupation At Present Retired, R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) Present At Hig D 36, Akash Type, Abhilasha Parisar, Behind New Bus Stand, Tifra, District Bilaspur (C.G.) 2 - Musthak Ahmed S/o Late Mohammad Isha Aged About 69 Years R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) 3 - Irshad Ahmed (Through Lrs) Nil 3.1 - Smt. Safrun Begum Wd/o Late Irshad Ahmed Aged About 59 Years R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) 3.2 - Samir Ahmed S/o Late Irshad Ahmed Aged About 29 Years R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) 3.3 - Aina Irshad D/o Late Irshad Ahmed Aged About 27 Years R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) 4 - Shakil Ahmed S/o Late Mohammad Isha Aged About 60 Years R/o Mohalla Nawapara, Police Station And Tahsil Surajpur, District Surajpur (C.G.) At Present House No. S-01/a-24, Vasundhara Vihar, Godhanpur, Ambikapur, District Surguja (C.G.)
... Petitioners versus 1 - Smt. Salma Sheikh (Salma Rizvi) Wd/o Late Asad Rizvi Aged About 68 Years Occupation- Advocacy, R/o Mohalla Night Chowk, Bhatthi Road, Kedarpur, Ambikapur, Tahsil Ambikapur District Surguja (C.G.) VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.07.16 19:59:09 +0530
2 2 - Asad Rizvi (Died Through Lrs) Nil 2.1 - Shama Rizvi D/o Late Asad Rizvi Aged About 27 Years R/o Mohalla Night Chowk, Bhatthi Road, Kedarpur, Ambikapur, Tahsil Ambikapur District Surguja (C.G.) 3 - Ali Akhtar Rizvi S/o A.M. Rizvi Aged About 57 Years Occupation Advocacy, R/o Behind Rawat Colony, Beside The Lane Of Aditya Car Shrinagar, Manendragarh Road, Ambikapur, Tahsil Ambikapur District Surguja (C.G.) 4 - State Of Chhattisgarh Through Collector Ambikapur District Surguja (C.G.)
... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Shahid Ahmed Ansari, Advocate For Respondent No.4/State : Mr. Rohan Shukla, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal
Order on Board 16/07/2026
1. Present is a writ petition filed under Article 227 of the Constitution of India by the petitioners with the following reliefs:
“10.1 Issue a writ of mandamus or any other appropriate direction commanding the Ld. Principal District Judge, Ambikapur (C.G.) to conclude and finalize the entire proceedings in Civil Execution Case No. 178/2025 within a strict, non-extendable period of two (2) months. 10.2 Direct the Ld. Executing Court to forthwith issue a Warrant of Possession for the suit property/house (Khasra No. 1945/12, Area 0.028
3 hectares, Mohalla Kedarpur, Ambikapur) and proceed with the immediate attachment of properties for recovery of the decreetal mesne profits/costs. 10.3 Pass any other relief or order which this Hon'ble Court deems fit and proper in the interest of justice.”
2.
Learned counsel for the petitioners would submit that the petitioners are prosecuting the litigation since 2003 and despite the judgment and decree in their favour up to the Hon’ble Supreme Court, they could not get the possession of the suit property till date. Though the execution application has been filed on 08.12.2025, no substantial progress has been done in their execution case. Therefore, a time-bound direction may be given to the learned executing court to execute the decree within the reasonable time frame.
3. I have heard learned counsel for the petitioners and perused the documents annexed with the petition.
4. Before considering the grievance raised by the petitioners, it would be apposite to notice the directions issued by the Hon'ble Supreme Court in Periyammal (Dead) Through LRs and others v. V. Rajamani and another, etc., vide judgment dated 06.03.2025 reported in 2025 INSC 329, wherein the Hon'ble Supreme Court has emphasized expeditious disposal of execution proceedings. The relevant paragraph reads as under:
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"75. In view of the aforesaid, we direct all the High Courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative
order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and
disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports."
5. From the perusal of the order sheets of the learned executing court, annexed with the writ petition as Annexure P-5, it transpires that the execution application was filed on 08.12.2025. Thereafter, notices were issued to the judgment-debtors and, upon their appearance, certain objections were raised by them. At the time of filing of the execution application, SLP (Civil) Diary No.14172 of 2026 preferred by the
judgment-debtors was pending before the Hon'ble Supreme Court, which came to be dismissed on 30.04.2026.
6. Thereafter, the learned executing court proceeded with the matter by granting time to the judgment-debtors to file their reply to the execution application. The judgment-debtors also filed an application seeking
5 stay of the execution proceedings, which was considered by the learned executing court. By order dated 15.05.2026, the objections raised by the parties were decided and the judgment-debtors were
directed to comply with the earlier directions contained in the decree under execution. Thereafter, the decree-holders filed the calculation sheet and the matter has been proceeded with on the subsequent dates fixed by the learned executing court. Thus, the order sheets demonstrate that the learned executing court has been actively proceeding with the execution case and has been making all endeavours to execute the decree in accordance with law.
7. In view of the aforesaid, this Court does not find any justification to issue a separate time-bound direction for disposal of the execution proceedings, which are already under active consideration before the learned executing court. However, the learned executing court shall continue to proceed with the execution proceedings keeping in view the aforesaid directions issued by the Hon'ble Supreme Court.
8. With the aforesaid observations, the present writ petition stands
disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved