1 2025:CGHC:59992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 949 of 2025 1 - Satyendra Kumar Singh S/o Late Mohan Singh Thakur Aged About 40 Years R/o Mig- C/456, Ward No. 45, Padmnabhpur, Durg (C.G.) ... Petitioner versus 1 - Dharmendra Kumar Singh S/o Late Mohan Singh Thakur Aged About 52 Years R/o Mig- C/456, Ward No. 45, Padmnabhpur, Durg (C.G.) 2 - Shailesh Kumar Singh S/o Late Mohan Singh Thakur Aged About 30 Years R/o Mig- C/456, Ward No. 45, Padmnabhpur, Durg (C.G.) (Details Incompletely Mentioned In The Impugned Order) ... Respondent(s) For Petitioner : Mr. Prasoon Agarwal, Advocate For Respondent(s) : None Hon'ble Shri Justice Sachin Singh Rajput Order On Board 10.12.2025 1. This writ petition, filed under Article 227 of the Constitution of India, challenges the legality, correctness, and propriety of the order dated 20.06.2025 passed in Civil Suit Class A/87/2017 by the learned 1st Civil Judge, Senior Division, Durg District, Durg (CG), whereby the application filed by the petitioner/defendant under Section 10 read with Section 151 of the CPC was dismissed. 2. The learned counsel for the petitioner submits that the civil suit was filed by the respondents/plaintiffs seeking a declaration of title and permanent injunction in respect of the suit property, which is clearly specified in the plaint. Subsequent to the filing of this suit, the petitioner/defendant filed a separate suit before the learned 3rd Civil Judge, Class-1, Durg District, Durg (CG), which was registered as Civil Suit Class A/197/2018 against the HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.12.12 17:30:53 +0530 2 plaintiff, who was the defendant in the said suit. This suit was also filed seeking a declaration, permanent injunction, and possession concerning the same property. The suit was decreed by the learned 3rd Civil Judge, Class-1, Durg, vide its judgment and decree dated 28.02.2024 against which an appeal being Appeal No. RCA/77/2024 is currently pending before the learned 6th Additional District Judge, Durg. The petitioner submits that since the issue involved in the present suit has already been adjudicated, the earlier suit filed by the respondent/plaintiff should have been stayed. 3. Heard the learned counsel for the petitioner and perused the record. 4. The learned Civil Judge, after considering the arguments advanced by the parties has rightly rejected the application filed under Section 10 read with Section 151 of the CPC. The Court observed that Section 10 does not provide for the stay of a subsequent suit but rather deals with the stay of a prior suit where the matter is substantially identical. In the present case, the issue raised in the earlier suit filed by the petitioner has already been adjudicated and the matter is now pending appeal. However, the Court found no legal or procedural error in dismissing the application, as the provisions of Section 10 cannot be invoked to stay the present suit. Therefore, this Court is of the opinion that there is no illegality or irregularity in the impugned order Annexure P/1. 5. Accordingly, the writ petition is dismissed and all pending applications, if any, are also disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari