1 CGHC010124182022 2026:CGHC:29489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 238 of 2022 1 - Harish Kumar S/o Late Bhawanidas Aged About 70 Years R/o Jai Bharat Cycle Stores, Near Shyam Talkies, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ... Appellant versus 1 - Shri Ram Mandir (Balkandidas) Trust Through Present President / Managing Trustee - Shri Mangat Rai Agrawal Office Address - Inside Premises Of Shri Ram Mandir, Near City Kotwali, Bilaspur, Chhattisgarh. ... Respondent For Appellant : Shri Hari Agrawal, Advocate with appellant Harish Kumar For Respondent : Shri Malay Shrivastava and Ms. Sakshi Chhabra, Advocates Hon’ble Shri Justice Sachin Singh Rajput Judgment on Board 13/07/2026 1. Heard on admission. Digitally signed by GOPAL SINGH Date: 2026.07.20 16:22:45 +0530 2 2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘CPC’) assailing the legality, correctness and judicial propriety of the judgment and decree dated 26.2.2022 passed by the 2nd Additional District Judge, Bilaspur, District Bilaspur (Chhattisgarh) in Civil Appeal No.138A of 2018. By the said judgment, the learned First Appellate Court has dismissed the first appeal under Section 96 of the CPC filed by the appellant herein and affirmed the judgment and decree dated 27.9.2018 passed by the 3rd Civil Judge Class I, Bilaspur in Civil Suit No.10A of 2013. 3. A suit for eviction and vacant possession of demised premises, which is Shop No.10, Jai Bharat Cycle Stores, area 26x20 Sq. Ft. situated near Shyam Talkies, Bilaspur, which is properly described in the map appended with the plaint, was filed by the respondent/plaintiff. The suit was inter alia filed on the pleading that the suit property was required bona fidely by the plaintiff. 4. The suit was resisted by the defendant/appellant herein, however, the learned Civil Judge granted a decree of eviction and directed that the suit premises may be vacated by the defendant within a period of 2 months. Challenge to this was unsuccessful before the First Appellate Court. 5. The second appeal is yet to be admitted. 6. Learned counsel for the appellant/defendant submits that the appellant/defendant was in occupation of the demised premises for more than 50 years and the appellant/defendant is now aged 3 about 75 years and it is the only source of his income. He further submits that though the appellant/defendant is not inclined to prosecute this appeal on merits, however, he may be granted some reasonable time in order to vacate the premises and to shift his small business to some suitable place. He submits that for this purpose at least one year time may be granted to the appellant. 7. Learned counsel for the respondent/plaintiff submits that if the appellant/defendant is not contesting this appeal on merits, he may be given some reasonable time to vacate the suit premises and to comply the judgment and decree passed by the learned Civil Judge and affirmed by the learned First Appellate Court. 8. I have heard learned counsel appearing for the parties and perused the record of the Trial Court as well as the First Appellate Court with due care. 9. Though learned counsel for the appellant/defendant seeks time of 12 months, on instructions learned counsel for the respondent/plaintiff submits that 6 months’ time may be granted for vacating the suit premises. 10. This Court is of the considered opinion that looking to the age of the appellant and nature of his business, 10 months’ time would be a reasonable time to vacate the suit premises subject to regular payment of the rent of the suit premises including payment of due arrears of rent as decreed by the learned Civil Judge and affirmed by the learned First Appellate Court. 4 11. Thus, the second appeal is dismissed. However, the appellant/defendant is directed to vacate the suit premises by 30th May, 2027 and an undertaking supported by an affidavit to that effect shall be filed by him before the Executing Court within a period of 45 days from today. The undertaking shall also include that the appellant shall continue to pay the rent of the suit premises till he vacates the same and shall also pay due arrears of rent as decreed by the Trial Court and affirmed by the First Appellate Court. 12. A decree be drawn up accordingly. 13. No costs. Sd/- (Sachin Singh Rajput) JUDGE Gopal