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2026 DAILYLAW 28773 (CHH)

ROHIT KUMAR CHOUDHARY v. MEHUL CHANDAK

WP227/911/2026 · 2026-07-22

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010280022026 2026:CGHC:31618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 911 of 2026 • Rohit Kumar Choudhary S/o Late Shri Ashok Choudhary Aged About 45 Years R/o House No.1/7 Shastri Nagar Behind Titan And Raymond Showroom G.E. Road Supela Bhilai Tehsil And District- Durg (C.G.) (Plaintiff) ... Petitioner(s) versus • Mehul Chandak S/o Ramesh Chandak Aged About 38 Years R/o Plot No.477, Street No.24 Smriti Nagar, Junwani Bhilai Tehsil And District- Durg (C.G.) (Defendant) ... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Mr. Gaurav Singhal, Advocate For Respondent(s) : Mr. Praveen Dhurandhar, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 23/07/2026 1. The petitioner has filed the present writ petition under Article 227 of the Constitution of India and claiming the following relief(s) :- SUMIT KUMAR Digitally signed by SUMIT KUMAR 2 10.1 That, this Hon’ble Court may kindly be pleased to direct the learned Second District Judge, Durg for deciding the pending Civil Suit No. 51-A/2022 within stipulated time limit, in accordance with law. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances fo the case including award of the costs of the petition may be given. 2. Learned counsel for the petitioner would restricted his prayer that the learned Second District Judge, Durg may be directed to decide the Civil Suit No. 51-A/2022 within the stipulated time limit, in accordance with law and on its own merits as the civil suit is pending since, 2022. 3. Learned counsel for the respondent raised objection and he would submit that from the order sheet of the learned trial Court, it does not transpire that the defendant is at fault for causing delay in proceeding of the suit. He would further submit that on the application made by the plaintiff himself, the case has been transferred to the learned Second District Judge, and therefore, there is no need to pass any order of the expeditious trial of the suit within stipulated time frame. He would further submit that looking to the pendency of the cases on the Courts, early disposal of the suit in every case may not be directed and it should be passed in extraordinary circumstances. 4. I have heard learned counsel for the parties and perused the document annexed with the petition. 5. From perusal of the order sheets filed by the petitioner in the present writ petition (Annexure P-3), it transpires that the suit for eviction has been filed on 20.09.2022 and the proceeding of the case was adjourned time to time for one or other reasons, various applications have also been filed by the respective parties which are being decided 3 time to time and ultimately vide dated 06.02.2026 passed by the learned Principal District Judge, Durg in Civil MJC No. 03/2026, the civil suit has been transferred from the Court of First District Judge, Durg to the Court of Second District Judge, Durg where the case was fixed for deciding the application under Order 7 Rule 11 of CPC. 6. Be that as it may, considering the fact that the civil suit is pending since, 2022 and it is an eviction suit filed by the plaintiff with respect to the suit shop, it would deem it appropriate to direct the learned trial Court to expedite the proceeding of the civil suit and decide the same within the stipulated time frame. 7. Accordingly, the learned trial Court is directed to decide the civil suit within one year from the next date fixed before it, in accordance with law on its own merits, after giving proper opportunity of hearing to the parties concerned and the parties are expected to co-operate with the trial of the case and shall not take any unnecessary adjournments. 8. Accordingly, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit