Chhattisgarh High Court
WP227/1224/2026 of ANAND SURANA Vs SURENDRA SURANA on 6 October 2026
2026:CGHC:43534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1224 of 2026 Anand Surana S/o Lt. Shri Devraj Singh Surana Aged About 68 Years R/o 36,/395, Nanesh Kripa P.S. Civil Lines, Raipur (C.G.) (Plaintiff) ... Petitioner versus 1 - Surendra Surana S/o Shri Devraj Singh
CGHC010349912026
2026:CGHC:43534
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WP227 No. 1224 of 2026
Anand Surana S/o Lt. Shri Devraj Singh Surana Aged About 68 Years R/o 36,/395, Nanesh Kripa P.S. Civil Lines, Raipur (C.G.) (Plaintiff)
... Petitioner
versus
1 - Surendra Surana S/o Shri Devraj Singh Surana Aged About 65 Years R/o 36/1
Byron Bazar, Tehsil And Dist- Raipur (C.G.)
2 - Rajendra Surana S/o Lt. Shri Devraj Singh Surana Aged About 61 Years R/o 36/395, Nanesh Kripa Civil Lines, Raipur (C.G.)
3 - Smt Pratima Devi Bothra W/o Shri Vijaychandji Bothra Aged About 72 Years R/o 3, Vivekanand Nagar, Raipur (C.G.)
4 - Smt Prabha Sancheti W/o Dr. Prakashchand Sancheti Aged About 71 Years R/o 2 Shri Krishan Peth Amravati Maharashtra 5 - Smt Purnima Jain W/o Shri Rajendra Jain Aged About 70 Years R/o Navjeevan Nursing Home Dr. Khare Marg Dhantoli Nagpur Maharashtra, 6 - Smt Pramila Bafna W/o Shri Santosh Bafna Aged About 66 Years R/o K-Lounge Main Road, Balaghat (M.P.)
7 - Smt Priti Lunawat W/o Shri Santosh Lunawat Aged About 59 Years R/o 64, Kachipura, New Ramdas Peth, Nagpur Maharashtra (Defendants)
8 - The Nayab Tahsildar Village And Tehsil- Dharampura Dist- Raipur (C.G.)
... Respondents
For Petitioner
:
Shri Adhiraj Surana, Advocate.
For Respondent No.8/State
:
Shri Manish Kashyap, Panel Lawyer.
S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 07/10/2026
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1. Heard.
2. Present is a writ petition under Article 227 of the Constitution of India filed by the petitioner claiming the following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to direct the learned 3rd Civil Judge (Sr. Division) Raipur, below, to expedite the trial pending in Civil Suit No.116A/2018, in the larger interest of Justice. 10.2 That, this Hon'ble Court may graciously be pleased to set a timebound outer limit for the adjudication of the Trial in Civil Suit no. 116A/2018 pending before learned 3rd Civil Judge (Sr. Division) Raipur, (C.G.) in the larger interest. 10.3 Any other relief as this Hon'ble Court deems fit, including a direction of expeditious hearing of the civil suit may also be granted by this Hon'ble Court.”
3. Learned counsel for the petitioner would submit that the petitioner has filed the present writ petition with a limited prayer to direct the learned trial Court to expedite the proceeding of the Civil Suit No.116A/2018 pending before it since 2018 and to conclude the same within a reasonable time frame. He would refer to the order-sheets of the learned trial Court (Annexure-P/2) to show that on various instances, the defendants have taken adjournment of the proceeding by filing various applications. He would also submit that the case is at the stage of recording plaintiff’s evidence and the examination-in- chief in the form of affidavit under Order 18 Rule 4 of CPC, the plaintiff’s witnesses have already filed their affidavit, therefore, the trial Court may be directed to expedite the trial and to conclude the same within the stipulated time frame.
4. I have heard learned counsel for the petitioner and perused the documents annexed with this petition including certified copy of the order-sheets of the learned trial Court.
5. From perusal of the order-sheets of the learned trial Court, it transpires that the suit was filed by the plaintiff’s on 12/04/2018 before the learned trial Court and thereafter, the notices were issued, written statement have been filed, issues have been framed, numerous applications have been filed by both the parties and the same were decided from time to time, however, on one or other reasons, the trial could not be concluded. From the order-sheet dated 02/05/2026, it transpires that after allowing the application under Section 151 of CPC filed by the plaintiff, the case was fixed for plaintiff’s evidence on 17/06/2026 and thereafter, on 17/06/2026, another application under Order 6 Rule 17 of CPC has been filed by the defendant No.4, for which, the case was adjourned for filing of its reply and till 13/07/2026, the said application was not decided.
6. Be that as it may, the fact remains that still suit is pending since 2018, but till date, the plaintiff’s evidence have not been recorded, therefore, this Court deem it appropriate to direct the learned trial Court to expedite the proceeding of the case and not to grant unnecessary adjournment to any of the parties and conclude the same, as early as possible.
7. Accordingly, the learned trial Court is directed to expedite the proceeding of the Civil Suit No.116A/2018 pending before the learned III Civil Judge Senior Division Raipur (C.G.) and shall conclude the same within eight months from the next date fixed before it. It is expected that the parties shall not take any unnecessary adjournment and co-operate the expedite disposal of the suit. The learned trial Court shall decide the suit in accordance with law, on its own merits, after affording proper opportunity of hearing to the parties concerned.
8. With the above observation, the present writ petition stands disposed of. Sd/-
(Ravindra Kumar Agrawal)
JUDGE Kamde