2026:CGHC:7779 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 152 of 2017 D si i g g n it e a d l l b y y Ranjan Pandey S/o Late Shri Keshav, Aged About 54 Years R/o SHOAIB SHOAIBANWAR ANWAR Date:

2026.02.12 17:17:47 +0530 P.V.131 Chaitanypur, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh ..............Plaintiff, Chhattisgarh ... Appellant versus

1 - Smt. Mantangini Sardar D/o Shashank Sardar, Aged About 35 Years R/o P.V.116 Naya Bazar Pakhanjur, At Present Address P.V.131, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh, Chhattisgarh

2 - Namai Bain S/o Shri Hemant Bain, Aged About 30 Years R/o P.V.116 Naya Bazar Pakhanjur, At Present Address P.V.131, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh

3 - Nivas Bain S/o Shri Hemant Bain, Aged About 35 Years R/o P.V.116 Naya Bazar Pakhanjur, At Present Address P.V.131, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh

4 - Chandicharan Mandal S/o Ranjeet Mandal, Aged About 35 Years R/o P.V.116 Naya Bazar Pakhanjur, At Present Address P.V.131, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh

5 - Sushant @ Shashank Pandey, S/o Late Harlal Pandey, Aged About 25 Years R/o P.V.116 Naya Bazar Pakhanjur, At Present Address P.V.131, P.S. And Tahsil Pakhanjur, District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh 6 - State Of Chhattisgarh, Through Collector District North Bastar Kanker, Chhattisgarh .................Defendants, District : Kanker, Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellant : Shri A.D. Kuldeep, Advocate.

For Respondent: Ms. Tanusha Pathak, Advocate appears on No. 1 to 5 behalf of Shri Parag Kotecha.

For State : Shri Santosh Soni, Govt. Advocate for the State.

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

12.02.2026

1. By the present appeal under Section 100 of the CPC, the appellant/plaintiff challenging the impugned judgment and decree dated 21.12.2016 passed by the learned Additional District Judge Bhanupratappur, District North Bastar Kanker (C.G.) in Civil Appeal No. 19-A/2016 (Ranjan Pandey v. Smt. Mantangani Sardas & Others) arising out of the judgment and decree dated 11.07.2016 passed by the learned Civil Judge, Class- II, Pakhanjur District North Bastar Kanker (C.G.) Civil Suit No. 04-A/2010 (Ranjan Pandey v. Smt. Mantangani Sardas & Others). For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The present second appeal arises out of a dispute relating to the land situated at Village Murawandi, Patwari Halka No. 13, Tehsil Pakhanjur, District Uttar Bastar Kanker (C.G.), bearing Khasra Nos. 219/2 and 225/2, admeasuring 1.72 hectares and 0.23 hectares respectively, in all measuring 2.00 hectares, hereinafter referred to as the “suit land”, which has been specifically described in Schedule “A” appended to the plaint. The plaintiff instituted the suit against the defendants seeking declaration of title, confirmation of possession and permanent injunction in respect of the said suit land.

3. In the suit, the plaintiff pleaded that the suit land was allotted in favour of the plaintiff by the Naib Tahsildar, Pakhanjur, in Revenue Case No. 45/A-19(5)/1984–85 by order dated 25.09.1987. Since then, the plaintiff has been continuously paying land revenue and is in peaceful possession of the suit land. Out of jealousy and ill-will, the defendants Nos. 1 to 5 started cultivating the suit land claiming it to be their own patta land. Upon demarcation conducted on 13.06.2006, illegal encroachment by the defendants was found over different portions of Khasra Nos. 219/2 and 225/2. Despite this, the defendants refused to vacate their illegal possession.

4. It has further been pleaded by the plaintiffs that on their application, the Tahsildar, Pakhanjur, by order dated 06