1 CGHC010289182026 2026:CGHC:32759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 939 of 2026 Yogesh Tandon S/o Late Shri Narmada Prasad Tandon Aged About 57 Years R/o B- 1/3, Street No. R-5, Kranti Nagar, Bilaspur, Tehsil And District Bilaspur, C.G. ... Petitioner(s) versus 1 - Sanjeev Kapoor S/o Narendra Kumar Kapoor Aged About 60 Years R/o 170, New Colony, Nagpur, District- Nagpur, Maharashtra 2 - Bilaspur Sahkari Grih Nirman Samiti Through Managing Director/ Director, Office Address- Brihaspati Bazar, Bilaspur, District- Bilaspur, C.G. ... Respondent(s) For Petitioner(s) : Mr. Shobhit Koshta, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 29/07/2026 1. Present is a writ petition filed by the petitioner under Article 227 of the Constitution of India against the impugned order dated 08.07.2026 passed by learned Second Additional Judge to the Court of First Civil SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.07.31 15:39:35 +0530 2 Judge (Senior Division), Bilaspur in Civil Suit No. A/236/2023, whereby the learned trial Court has rejected the application filed by the petitioner under Section 151 of CPC for deciding the preliminary issue on admitted facts of the case. 2. After arguing for some time, on instructions, learned counsel for the petitioner submits that although the petitioner’s application seeking to decide the preliminary issue on admitted facts of the case is rejected by the learned trial Court and his right to adduce evidence on the preliminary issue is closed, he is willing to prosecute his case and lead evidence for the same. Therefore, he may be permitted to withdraw the present writ petition with liberty to approach the learned trial Court and to file appropriate application for recalling of the impugned order dated 08.07.2026 and permission to adduce evidence in preliminary issue. 3. Having considered the submission and in the facts and circumstances of the case, without expressing any opinion on the merits of the controversy, the present writ petition is dismissed as withdrawn with the aforesaid liberty. It is, however, made clear that if such an application is filed, the learned trial Court shall consider and decide the same independently, on its own merits in accordance with law. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit