1 2026:CGHC:17544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 357 of 2026 1 - Kartiko Ram S/o. Late Sukaru Ram Aged About 75 Years Husband Of The Late Manpyari Bai, Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkachhar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. 2 - Balbhadra Yadav S/o. Shri Kartiko Ram Aged About 50 Years Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkacchar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. 3 - Krishna Yadav S/o. Shri Kartiko Ram Aged About 47 Years Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkacchar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. 4 - Devmati Bai @ Dhamela Bai D/o. Kartiko Aged About 40 Years Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkacchar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.04.17 16:11:29 +0530 2 5 - Giridhar Ram S/o. Late Rajendra Ram Aged About 53 Years Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkacchar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. 6 - Nagpati W/o. Rajendra Aged About 40 Years Caste Gayar, Occupation- Agriculture, R/o.- Village Uparkacchar, P.H.N. 03, Rani M.- Tapkara, Tehsil Farsabahar, District- Jashpur Chhattisgarh. ... Applicant versus 1 - Prabhu Ram S/o. Late Shivnath Aged About 58 Years Village Uparkacchar, Tehsil Farsabahar, District- Jashpur (C.G.) 2 - Jhori Singh S/o. Late Shivnath Aged About 56 Years R/o. Village Uparkacchar, Tehsil Farsabahar, District- Jashpur (C.G.) 3 - State Of Chhattisgarh Through- Collector Jashpur District- Jashpur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Applicants : Shri Virendra Verma, Advocate For Respondent(s) : Shri Malay Jain, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 17.04.2026 3 1. By way of the present MCC, the applicants/ defendants have sought the following reliefs: “It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and issue a Direction to the trial court for the strictly comply the order dated 06/11/2025 passed by this Hon'ble court and vacate/setting aside the stay order dated 10/05/2023 & 15/01/2025 and direct the trial to complete the trial within 6 month's without any adjournment, in the interest of justice.” 2. The present MCC has been filed by the applicants, being aggrieved by the non-compliance of the order dated 06.11.2025 passed by this Court in MA No.217/2025, arising out of the order dated 15.01.2025 passed by the learned 1st District Judge, Kunkuri, District Jashpur (C.G.) in Misc. Civil Appeal No. 04/2024, whereby the learned trial Court allowed/extended the application under Order 39 Rule 1 and 2 of the CPC filed by the plaintiffs. Further, 4 on 17.12.2025 and 11.02.2026, applications under Order 17 Rule 1 of the CPC were allowed and time was granted. 3. After hearing learned counsel for the parties, this Court on 06.11.2025 has passed the following order:- “3. Having considered the limited prayer made by the counsel for the appellants and for the reason that an interim injunction in favour of the plaintiffs has already been granted, the duration of which, as earlier fixed by the First Appellate Court has lapsed, which has since been extended by the impugned order, this Court deems it appropriate to direct the concerned trial Court to proceed in the pending civil suit (original case) in an expeditious manner. Ordered accordingly. 4. Furthermore, no adjournment should normally be granted in favour of the plaintiffs and if the concerned trial Court finds that the plaintiffs are delaying the trial in any manner, after issuing appropriate notice to the plaintiffs, it may take appropriate steps for vacating the interim stay. 5 5. With the aforesaid observation/direction, this Appeal stands disposed of.” 4. Learned counsel for the applicants submits that this Court, vide order dated 06.11.2025, clearly directed that no unnecessary adjournments shall be granted to the plaintiffs and further empowered the trial Court to vacate the interim stay in case of delay attributable to them. Despite such categorical directions, the respondent/plaintiff has deliberately prolonged the proceedings by seeking repeated adjournments, including by moving an application under Order 17 Rule 1 CPC at the stage of evidence. 5. It is further submitted that the conduct of the respondent/plaintiff demonstrates a clear intention to delay the trial and avoid its expeditious conclusion, in direct violation of the directions issued by this Court. The order sheets dated 17.12.2025 and 11.02.2026 substantiate this pattern of delay. It is further submitted that the respondent/plaintiff has failed to comply with the order dated 06.11.2025, and therefore, the interim relief granted in their favour deserves to be vacated. 6 6. Having heard learned counsel for the applicants and upon perusal of the record, this Court finds that vide order dated 06.11.2025, a clear direction has already been issued by this Court to the concerned trial Court to proceed with the trial expeditiously and further that no unnecessary adjournments shall ordinarily be granted to the plaintiffs. It has also been specifically observed that in the event the trial Court finds that the plaintiffs are delaying the proceedings, it shall be at liberty to take appropriate steps, including vacating the interim stay after due notice. 7. In view of the aforesaid specific directions already governing the field, this Court is of the considered opinion that no further orders are required to be passed in the present MCC. 8. However, it is observed that in case the applicants/ defendants are aggrieved by any alleged delay or non- compliance, they shall be at liberty to move an appropriate application before the learned trial Court, which shall consider and decide the same in accordance 7 with law and in light of the directions already issued by this Court. 9. With the aforesaid liberty, this MCC is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri/Shoaib