1 CGHC010349112026 2026:CGHC:39591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1167 of 2026 1 - Ghanshyam Chauhan S/o Dokra Ram Chauhan, Aged About 64 Years R/o Dindayal Colony, Near Mazar, Raigarh, District - Raigarh (C.G.) ... Petitioner(s) versus 1 - Smt. Girja Bai Paikra W/o Parmanand Paikra, Aged About 45 Years R/o- Dindayal Colony, Near Mazar Raigarh, District - Raigarh (C.G.) Presently R/o - Rajpur, Tehsil And Thana- Lailunga, District - Raigarh (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Krishna Tandon, Advocate (Through legal aid) Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 09.09.2026 1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner with the following prayer :- i. To kindly call for the records of the case. ii. To kindly set-aside the order dated 06/07/2026 passed by the Learned Third Civil Judge, Junior Division, District- SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.09.11 10:26:11 +0530 2 Raigarh (C.G) in Civil Execution Case No. 04/2019 (Annexure P-1) iii. To kindly direct the Learned Third Civil Judge Junior Division, Raigarh for expeditious disposal of application under order 9 rule 13 read with section 151 in MJC Civil No. 526/2025 filed by the petitioner on 04.12.2025. (Annexure P-2) iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner. 2. Learned Counsel for the petitioner would make a limited submission that against the ex parte judgment and decree dated 19.06.2018, the petitioner preferred an application under Order 9 Rule 13 of CPC on 04.12.2025, however, for one and other reasons the proceedings of the case has been adjourned and till date the application has not been decided. He would further submit that the respondents are prosecuting an execution proceeding pursuant to the impugned ex parte judgment and decree dated 19.06.2018. therefore, the learned trial Court may be directed to expedite the proceeding of the application filed by the petitioner under Order 9 Rule 13 of CPC and to decide it in accordance with law in expeditious manner within the stipulated time frame. 3. I have heard the counsel for the petitioner and perused the material annexed with the petition. 4. Considering the limited submissions made by learned counsel for the petitioner with respect to the direction to the learned trial Court for early disposal of his application filed under Order 9 Rule 13 of CPC, the present writ petition is disposed of, directing the learned trial Court to 3 expedite the proceeding of the application filed by the petitioner under Order 9 Rule 13 of CPC in MJC Civil Case No. 526/2025 and to decide the same expeditiously within four months from the next date fixed before it, if already not decided, in accordance with law on its own merits after giving proper opportunity of hearing to the parties concerned. 5. With the aforesaid direction, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika