2026:CGHC:846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 187 of 2019 Digitally signed by AMARDEEP AMARDEEPCHOUBEY 1 - Jageshwar S/o Shri Kartik Aged About 69 Years Caste -

CHOUBEY Date:

2026.01.15 Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur

17:05:04 +0530 Chhattisgarh. (Defendant No. 1), District : Jashpur, Chhattisgarh

2 - Gajendra S/o Late Shri Shibo Aged About 29 Years Caste - Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 2), District : Jashpur, Chhattisgarh

3 - Virendra S/o Late Shri Shibo Aged About 27 Years Caste - Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 3), District : Jashpur, Chhattisgarh

4 - Malti Wd/o Late Shri Shibo (Dead).

4.1 - (A). Smt. Tarabai D/o Late Shri Shibo Aged About 35 Years W/o Shri Muralidhar, Occupation - Agriculture, R/o Golabuda, Tahsil - Dharamjaigarh, District Raigarh Chhattisgarh. (Defendant No. 4), District : Raigarh, Chhattisgarh

5 - Chandro S/o Shri Kartika Aged About 59 Years Caste - Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 5), District : Jashpur, Chhattisgarh

6 - Shobhnath S/o Shri Bhagwano Aged About 59 Years Caste - Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 6), District : Jashpur, Chhattisgarh

7 - Onkar S/o Shri Bhagwano Aged About 57 Years Caste - Mahkul, R/o Village - Gala, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 7), District : Jashpur, Chhattisgarh ... Appellants versus

1 - Sukhcharan S/o Shri Ramchandra Aged About 44 Years R/o Village - Gala, Tahsil - Pathalgaon, District Jashpur Chhattisgarh.

(Plaintiff), District : Jashpur, Chhattisgarh

2 - Khiro Bai W/o Shri Kandro Ram Aged About 78 Years Caste -

Mahkul, R/o Village - Kachhar, Tahsil - Patthalgaon, District Jashpur Chhattisgarh. (Defendant No. 9), District : Jashpur, Chhattisgarh

3 - State Of Chhattisgarh Through The Collector Jashpur, District - Jashpur Chhattisgarh. (Defendant No. 8), District : Jashpur, Chhattisgarh --- Respondents For Appellant : Mr. Ajeet Kumar Yadav, Advocate For Respondent/State : Mr. Ritesh Giri, Panel Lawyer Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

07.01.2026

1. By the present appeal under Section 100 of the CPC, the appellants/defendants challenging the impugned judgment and decree dated 05/01/2019 passed by the learned Additional Judge to the Court of Additional District Judge, Kunkuri, District Jashpur, C.G. in C. Reg. Civil Appeal No.10-A/2017 (Jageshwar & Ors Vs. Sukhcharan & Ors) arising out of the judgment dated 23/02/2017 passed by the learned Civil Judge Class-II, Pathalgaon, District Jashpur, C.G. in Civil Suit No.12-A/2012 (Sukhcharan Vs. Jageshwar & Ors). For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs preferred the Civil Suit seeking declaration of title,

possession and perpetual injunction in respect of the suit land i.e. the land bearing Khasara No. 631/669 situated in Village Gala, Patwari Halka No.6, Tahsil- Patthalgaon, District- Jashpur (C.G.).

The case of the respondent no.1 (the plaintiff) in substance, is that the respondent no.2 (the defendant no.9)- Khiro Bai was the original owner of the suit land. The suit land along with some other lands were obtained by Baishakhu (the father of Khiro Bai) in partition and after death of Baishakhu, the suit land was obtained by Khiro Bai in inheritance. On 29.03.2010, the suit land was sold to the respondent no.1 (the plaintiff) vide registered sale deed dated 29.03.2010 executed by the respondent no.2 Khiro Bai (the defendant no.9) in favour of the respondent no.1 (the plaintiff) and thereafter the suit land was mutated into the name of the respondent no.1 (the plaintiff) but when an application was preferred by the respondent no.1 (the plaintiff) for demarcation of the suit land, it was the appellants