Order on Board

02.04.2025

1. Heard on admission.

2. The petitioner has challenged the order passed by the learned Eighth Civil Judge, Class-I, Raipur in Civil Suit No.32-A/ 2015 dated 26.11.2019, whereby an application moved by the petitioner under Order 26 Rule 9 of CPC has been rejected.

3. Learned counsel for the petitioner would submit that the petitioner is the owner and possession holder of land bearing Survey Nos. 233/6 and 234/6, total admeasuring 0.017 hectares, situated at Village Gudhiyari, Thakkar Bapa, Ward No.9, Tahsil & District Raipur. He would contend that the defendants used a part of the land of the petitioner for the construction of a road and also erected electric poles thereon. He would further contend that before filing the suit, the demarcation was conducted by the Revenue Authorities, which revealed that 210 sq.ft. of land had been used by the respondents. He would also contend that during the pendency of the civil suit, the respondents again utilized an additional 360 sq.ft. of land for the construction of a road. He would further submit that the defendants denied the contention made by the plaintiff and therefore, an application under Order 26 Rule 9 of CPC w