2026:CGHC:3534 NAFR RAHUL HIGH COURT OF CHHATTISGARH AT BILASPUR JHA Digitally signed by RAHUL JHA Date: 2026.01.23 13:37:41 +0530 SA No. 7 of 2016 Smt. Dulari Bai Wd/o Lakhan Lal Chouhan, Aged About 55 Years R/o Village Murmunda, Tahsil Dhamdha, District Durg Chhattisgarh.

Appellant Versus

1 - Shiv Singh Chouhan S/o Late Lakhanlal Chouhan, Aged About 35 Years R/o Village Murmunda, Tahsil Dhamdha, District Durg Chhattisgarh.

2 - Ajit Singh S/o Late Lakhanlal Chouhan, Aged About 32 Years R/o Village Murmunda, Tahsil Dhamdha, District Durg Chhattisgarh.

3 - Vijay Singh S/o Late Lakhanlal Chouhan, Aged About 33 Years R/o Village Murmunda, Tahsil Dhamdha, District Durg Chhattisgarh.

4 - Smt. Nirmala Bai D/o Late Lakhanlal Chouhan, Aged About 40 Years R/o Village Rampura, Tahsil And District Bemetara Chhattisgarh, District :

Bemetara, Chhattisgarh

5 - Smt. Ramkali @ Urvashi D/o Late Lakhanlal Chouhan, Aged About 39 Years W/o Shri Giteshwar Singh Chouhan, R/o Village Kurud, Tahsil And District Durg Chhattisgarh.

6 - Smt. Rekha D/o Late Lakhanlal Chouhan, Aged About 36 Years W/o Shri Ramji Chouhan, R/o Village Lakholi, Tahsil And District Rajnandgaon Chhattisgarh.

7 - Smt. Sunita D/o Late Lakhanlal Chouhan, Aged About 32 Years W/o Shri Manohar Singh Chouhan, R/o Village Lawan, Tahsil And District Balodabazar Chhattisgarh.

8 - The Collector Through Tahsildar, Dhamdha, District Durg Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellant : Shri Avinash Chand Sahu, with Shri Amit Nayak, Advocates.

For Respondent(s) Nos. 1 to 7 : Shri Sanjay Kumar Agrawal, Advocate.

For Respondent No. 8. : Shri Lekhram Dhruv, Panel Lawyer.

Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

21.01.2026

1. By the present appeal under Section 100 of the CPC, the appellant/defendant is challenging the impugned judgment and decree dated 16.11.2015 passed by the Learned VI Additional District Judge, Durg District Durg (C.G.) in Civil Appeal No. 00032A/2014 (Dulari Bai vs. Shiv Singh Chouhan & Others) arising out of the judgment and decree dated 15.05.2014 passed by the learned IX Civil Judge, Class-II, Durg, District Durg (C.G.) in Civil Suit No. 03-A/2013 (Shiv Singh & Others v. Dulari Bai) by which the Civil Suit filed by the plaintiff was allowed, whereby the Appellate Court dismissed the appeal filed by the appellant/defendant. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs instituted a civil suit seeking declaration of title and permanent injunction, pleading that the land situated at Village Murmunda, Patwari Halka No. 40, Revenue Circle Ahivara, Tahsil Dhamdha, District Durg (Chhattisgarh), bearing Khasra Nos. 416, 818/1 and 895, admeasuring 0.050, 0.030 and 0.080 hectares respectively, is the ancestral property of the plaintiffs’ father, Late Shri Lakhan Lal. It was pleaded that the plaintiffs’ mother, Smt. Padmin Bai, wife of Late Shri Lakhan Lal, expired on 25.11.2001, and thereafter Late Shri Lakhan Lal expired on 18.08.2003 and after his death, with the consent of Plaintiff Nos. 04 to 07, the names of Plaintiff Nos. 01 to 03 were recorded in the revenue records. However, due to an inadvertent clerical error, the name of Defendant No. 01 was wrongly recorded as the wife of Late Shri Lakhan Lal and as a co-bhumiswami along with Plaintiff Nos. 01 to 03. It was alleged that Defendant No. 01 thereafter filed an application dated 12.06.2008 before the Naib Tahsildar, Ahivara, seeking partition of the suit land and separation of accounts, which was opposed by Plaintiff Nos. 01 to 03. It was further averred that the Tahsildar, by order dated 20.09.2010, directed the parties to get the question of title adjudicated by a competent civil court and stayed the revenue proceedings for a period of three months, which compelled the plaintiffs to institute the present civil suit.

3. The appellant/defendant, while denying the averments made by the plaintiffs in the plaint, has pleaded