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2026 DAILYLAW 37050 (CHH)

MAHAVIR PRASAD v. MURTAJA ANSARI

WP227/997/2026 · 2026-09-22

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010300412026 2026:CGHC:41448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 997 of 2026 Mahavir Prasad S/o Ram Kumar Agrawal Aged About 70 Years R/o T. P. Nagar Korba, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - Murtaja Ansari S/o Sagir Ansari Aged About 35 Years R/o Kunwa Bhatta Budhwari Bazar Bypass Road, Korba, District : Korba, Chhattisgarh 2 - Patwari Korba Patwari Halka No. 16, Korba, (The Then Patwari Shri Chakradhar Singh Sidar), Tahsil And District- Korba, Chhattisgarh 3 - Chhattisgarh Government Jilaadhyaksh, Korba, District : Korba, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Anshul Tiwari, Advocate For State : Mr. Vivek Siddharth Ojha, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 23/09/2026 1. The petitioner has filed this petition with the following reliefs:- “ 10.1 That the Hon’ble Court may kindly be pleased to issue an appropriate direction to the the learned 3rd Civil Judge, Senior Division, Digitally signed by AMIT PATEL 2 Korba, Chhattisgarh for expeditious disposal of Civil Suit No. A/33/2020 pending before the learned Trial Court within a time bound period as may be fixed by this Hon’ble Court. 10.2 Pass any other order or direction which this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel appearing for the petitioner submits that Civil Suit No. A/33/2020 was instituted by respondent No. 1 in the year 2020 seeking declaration of title and permanent injunction and the said suit has remained pending consideration before the Court of the Third Civil Judge, Senior Division, Korba, Chhattisgarh, since then. It is further submitted that in the earlier proceedings, this Court vide order dated 28.04.2025 passed in W.P.(227) No. 140 of 2021, had directed the learned trial Court to expedite the proceedings and make all endeavour to conclude the same at the earliest. However, despite the aforesaid direction, the proceedings in the suit have not yet attained finality and continue to remain pending even after lapse of considerable time. Learned counsel, therefore, submits that in view of the prolonged pendency of the suit and the earlier direction issued by this Court, an appropriate direction may kindly be issued to the concerned trial Court to expedite the proceedings and conclude the trial, preferably at the earliest in accordance with law. He further submits that the evidence of plaintiff’s witnesses’ has already been concluded. 3 3. Considering the submissions made by learned counsel for the petitioner and the fact that the suit has remained pending since 07.12.2020, coupled with the submission that the evidence of the plaintiff’s witnesses has already been concluded, this Court is of the view that the proceedings deserve to be expedited. Accordingly, the learned trial Court is directed to make all endeavour to conclude and dispose of the suit, preferably within a further period of four months from the date of receipt of a copy of this order. The learned trial Court shall also be at liberty to proceed with the matter on a day-to-day basis, if considered necessary for expeditious conclusion of the proceedings. It is made clear that this Court has not expressed any opinion on the merits of the case. 4. With the aforesaid observations and directions this petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL