Facts of the Case

This is a straightforward civil litigation-management order. The petitioner had filed a civil suit for eviction and recovery of rent (along with what the order describes as 'permissible GST') against the respondents, registered as Civil Suit No. 15A/2020 before the 2nd Additional District Judge, Durg, pending since 07.03.2020. Finding no substantial progress in over three years, the petitioner sought a direction from the High Court to expedite the trial court proceedings.

Issues Involved

  1. Whether the trial court should be directed to expedite and conclude the long-pending civil suit.

Petitioner's Arguments

  • The civil suit for eviction, recovery of rent, and permissible GST had been pending since March 2020 without substantial progress.

Respondent's Arguments

  • No specific counter-arguments are recorded in this brief order.

Court Order / Findings

  • Considering that the suit had been pending since 2020 without progress, the Court directed the trial court to expedite the proceedings and conclude the suit within three months.
  • The petition was disposed of with this observation.

Important Clarification

No GST rate or liability question was before the Court — the reference to 'permissible GST' merely describes one head of the rent-recovery claim pending before the trial court, which will be decided (if at all) by that court in the civil suit itself.

Sections Involved

  • Code of Civil Procedure, 1908 — trial and disposal of suits
  • Constitution of India — Article 226 (direction for expeditious trial)

Decision – In Favour of

Decided in favour of the petitioner to the extent of securing a time-bound direction for trial; the underlying eviction and rent-recovery dispute (including the GST claim) remains to be decided by the trial court.

Case Details

Court: High Court of Chhattisgarh, Bilaspur  |  Case No.: WP227 No. 590 of 2023  |  Coram: Hon'ble Shri Justice Rakesh Mohan Pandey  |  Date: 26 July 2023

Link to Download the Order

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