Avnish Diwan S/o Late Shri Arun Kumar Diwan vs Ranjana Diwan W/o Late Ravish Kumar & Ors

Narendra Kumar Vyas, J

This petition has been filed by the petitioner seeking direction to maintain status quo with respect to the suit properties till the disposal of the application under order 39 rule 1 & 2 CPC by the concerned Civil Court in Civil Suit No.8A/2026.

Learned counsel for the petitioner submits that there is a pending Civil Suit No. 8A/2026, in the Court of learned First Additional Sessions Judge of learned Civil Judge (Junior Division), District-Mungeli (C.G.), wherein the suit for declaration is pending. The petitioner has filed an application under order 39 rule 1 & 2 CPC on 05.01.2026, praying for a limited prayer to grant of temporary injunction to the effect that the suit properties must not be sold/transferred during the pendency of the civil suit, and the matter has not yet been decided by the concerned Civil Court. Thus, the counsel for the applicant prays for early disposal of the said pending application filed by the petitioner.

On the other hand, Mr. Amit Buxy, learned Deputy Government Advocate appearing for the respondent No.9/State opposed the submissions raised by the learned counsel for the petitioner.

I have heard learned counsel for the parties and perused the record.

Considering the fact that the said applications under order 39 rule 1 & 2 Civil Court which are emergent in nature, as such the learned Civil Court is directed to make an endeavor to proceed with the matter in accordance with law and conclude the same, expeditiously within 45 days after the next date of hearing i.e. on 16.06.2026.

With the aforesaid observation and direction, the instant writ petition is disposed of.

Let a copy of this order be sent to the concerned Civil Court for necessary compliance and follow up action, if any.