Order on Board

Heard.

2. The present is a writ petition under Article 227 of the Constitution of India wherein the petitioner seeks limited relief to the effect that the trial court may be directed to expedite the trial of the Civil Suit No. 439- A/2024 and to decide the same within the stipulated timeframe. She would further submit that the petitioner is the plaintiff before the trial court and has instituted the suit for declaration of title and permanent injunction against the defendants. It is further submitted that the suit is pending since 07.10.2024; however, till date, even the issues have not been framed despite filing of the written statement by the defendants. The proceedings of the case are adjourned from time to time for one reason or another. Therefore the learned trial court may be directed to expedite the proceedings of the suit.

3. I have heard learned counsel for the petitioner and perused the material available on record, including the order sheets annexed with the present petition.

4. Upon perusal, it transpires that the suit was instituted on 07.10.2024 along with an application under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure. The defendant No.1 entered appearance before the trial court on 17.02.2025 whereas the defendant No.2 was proceeded ex parte on the same date. Thereafter various applications have been filed by the respective parties. Defendant No.1 has filed the written statement and subsequently, the matter has been adjourned for filing of reply to the application and also for written statement on behalf of defendant No.3, who has been subsequently impleaded as a party/defendant.

5. It further transpires from the record that the plaintiff has filed an application under Order XXXIX Rule 1 & 2 of the CPC on 4.10.2024 and another application under Order 39 Rule 1 & 2 read with Section 151 CPC on 8.10.2025. However, both the said applications have not yet been decided by the trial court and the matter has been adjourned from time to time.

6. Considering the submissions made by the counsel for the petitioner and upon perusal of the order sheets of the proceedings of the trial court, this Court is of the view that the petitioner has been able to make out a case warranting interference to grant relief of direction to the trial court for expeditious disposal of the civil suit.

7. Accordingly, the trial court ie. the Court of 15th Additional Judge to the Court of the First Civil Judge, Senior Division Raipur, is directed to expedite the proceedings of the Civil Suit No. 439-A/2024 (Nanda Thakur Vs. Ashok Singh Chandel and Others). The learned trial court shall decide the application filed by the petitioner/plaintiff under Order XXXIX Rule 1 & 2 of the CPC within a period fo 30 days from the next date fixed before it. The learned trial court shall make all endeavors to conclude the trial of the suit within a period of 8 months thereafter, in accordance with law, and after affording proper opportunity of hearing to all the parties.

8. With the aforesaid observation, the petition stands disposed of.