JUDGMENT :

Parth Prateem Sahu, J.

1. As private respondents have not noticed before trial Court and they have not caused their appearance, I find it appropriate to finalize the writ petition without issuing notice to respondents.

2. Petitioners have preferred this writ petition under Article 227 of the Constitution of India challenging the order dated 23.12.2021 passed by Civil Judge, Class-II, Saja, District Bemetara, Chhattisgarh whereby learned trial Court has rejected the application filed by the petitioners under Section 80(2) of the Code of Civil Procedure, 1908 (for short 'CPC') and return the plaint.

3. Ms. Sharmila Singhai, learned senior counsel for the petitioners would submit that petitioners have filed civil suit before trial Court for declaration of title, injunction and removal of encroachment along with an application under Order 39 Rules 1 & 2 read with Sections 94 and 151 of CPC, application under Order 39 Rule 3 of CPC and an application under Section 80(2) of CPC on the ground that respondents No. 1 to 6/defendants, elected Sarpanch, Secretary and residents of village Morai Khurd have constructed one Jaystambh in front of land bearing Khasra Nos. 1099 and 652 owned