Digitally 2026:CGHC:5672 signed by SHOAIB SHOAIBANWAR ANWAR Date:

2026.02.03

15:04:27 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 95 of 2018

1 - Shiv Narayan Singh S/o Ameer Sai Aged About 47 Years R/o Village Patna, Police Station Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 2 - Dev Narayan S/o Ameer Sai Aged About 50 Years R/o Village Ani Kharbat, Police Station Baikunthpur, Tehsil Baikunthpur, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 3 - Shiv Kailash S/o Ameer Sai Aged About 40 Years R/o Village Ani Kharbat, Police Station Baikunthpur, Tehsil Baikunthpur, District Koriya, Chhattisgarh (Defendants), District : Koriya (Baikunthpur), Chhattisgarh ... Appellant versus

1 - Suhano W/o Ram Kumar Aged About 50 Years D/o Budhram, R/o Village Sos, Post, Police Station And Tehsil Khadgawaam, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

2 - State Of Chhattisgarh Through The Collector, Koriya-Baikunthpur, District Koriya, Chhattisgarh (Plaintiffs), District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellants : Shri Parth Kumar Jha, Advocate For Respondent/State : Shri Anand Gupta, Dy. Govt. Advocate.

Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board

02.02.2026

1. By the present appeal under Section 100 of the CPC, the appellants/defendants challenging the impugned judgment and decree dated 17.11.2017 passed by the Learned Additional District Judge (F.T.C.), Koriya (Baikunthpur), (C.G.) in Civil Appeal No. 2A/2016 (Shiv Narayan Singh vs. Suhano and Another) arising out of the judgment and decree dated 12.08.2015 passed by the learned Civil Judge, Class- I, Baikunthpur, District- Koriya (C.G.) in Civil Suit 312A/2014 (Suhano vs. Shiv Narayan Singh & Others) For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The suit was instituted by the plaintiff seeking declaration of title, permanent injunction and partition in respect of ancestral property bearing Khasra Nos. 383, 420, 573, 663 and 763, admeasuring in aggregate 1.870 hectares, situated at Village Patna, Tehsil Baikunthpur, District Korea. It was pleaded that the said property was the self-acquired property of Late Mandhari Gond, whose sons were Late Subaran (who died issueless) and Late Shobhit. After the death of the said sons, the names of Late Shobhit’s widow Late Wiffaiya and his two daughters, namely the plaintiff Suhano and defendant No.2 Phoolmat, were recorded in the revenue records and they remained in joint possession, without any partition having taken place. The plaintiff further alleged that defendant No.1, who is the son of defendant No.2 and not a member of the original family of Late Mandhari Gond, in collusion with defendant No.2, obtained mutation of Khasra Nos. 573 and 763 in his favour on the basis of an alleged Will dated 03.02.1995 said to have been executed by Late Subaran. It was contended that the said mutation proceedings were conducted without notice to the plaintiff and by playing fraud, and that the alleged Will is forged and fabricated. The plaintiff asserted that she came to know about the said mutation only when she was restrained from cultivating the suit land, whereafter she obtained certified copies of the orders and preferred a revenue appeal, which came to be dismissed.

3. On the aforesaid premises, the plaintiff filed the present civil suit seeking declaration that she and defendant No.2 are joint owners of the suit property, a declaration that the alleged Will and the consequent mutation in favour of defendant No.1 are null and void, partition of the entire suit property in equal shares, and a decree of permanent injunction restraining the defendants from interfering with her possession over the land falling to her share.

4. The defendants No. 1 and 2, in their written statement, denied the material averm