NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 339 of 2012 Judgment reserved on 01/12/2025 Judgment delivered on 11/02/2026 *Ram Gopal (Died) Through Legal Heirs (Deleted)

1 - Vipin Kumar Mishra S/o S/o Late Shri Ram Gopal Aged About 65 Years R/o Village Kot, Tahsil Kasdol, District : Raipur, Chhattisgarh

2 - Ajay Kumar Mishra Aged About 55 Years R/o Village Kot, Tahsil Kasdol, District : Raipur, Chhattisgarh

3 - Smt. Veena Tiwari Wd/o Late Shri Hemqant Tiwari Aged About 62 Years R/o Village Kot, Tahsil Kasdol, District : Raipur, Chhattisgarh ... Appellants versus

1 - (Deleted) Rameshwar (Died) Through Legal Heirs- As Per Honble Court Order Dated 23/11/2023 (1-A) Smt. Kaushilya Devi Wd/o Late Rameshwar Aged About 76 Years Resident Of Village Kot, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.)

(1-B) Ashok S/o Late Rameshwar Aged About 60 Years Resident Of Village Kot, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.)

(1-C) Anil S/o Late Rameshwar Aged About 58 Years Resident Of Village Kot, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.)

(1-D) Anup S/o Late Rameshwar Aged About 55 Years Resident Of Village Kot, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.)

VED PRAKASH DEWANGAN (1-E) Akhil S/o Late Rameshwar Aged About 52 Years Resident Of Village Digitally signed Kot, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.)

by VED PRAKASH DEWANGAN Date: 2026.02.11

2 - State Of C.G. Through The Collector, Raipur, District-Raipur C.G., District : Raipur, Chhattisgarh ... Respondents (Cause Title taken from Case Information System)

For Appellants : Ms. Meena Shastri, Advocate For Respondents No. 1-A & 1-E : Mr. Rakesh Mishra, Advocate For Respondent No.2/State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge C.A.V. JUDGMENT

1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiff against the impugned judgment and decree dated 19-06-2012, passed by the learned Second Additional District Judge, Baloda Bazar, in Civil Appeal No. 57-A/2011, whereby the first appeal filed by the defendant No. 1 is allowed and the judgment and decree dated 03-11-2009, passed by learned Civil Judge Class-II, Kasdol, District Raipur, in Civil Suit No.

94-A/2010 is reversed, 2. For the sake of convenience, the status of the parties before the learned trial court is referred to hereinafter in the present appeal.

3. The Second Appeal is admitted on 30-06-2021 on the following substantial question of law:-

"Whether the First Appellate Court is justified in dismissing the appeal by holding that the plaintiffs' suit is barred by limitation by reversing the judgment and decree of the Trial Court".

4. The plaintiff filed a suit for possession of the suit lands Kh. No. 1055, 1056 and 1060/1, area 0.036 hectare, 0.036 hectare and 0.352 hectare respectively, situated in the village Kot, P.H. No. 9, Tahsil Kasdol, District Raipur (present district Baloda Bazar-Bhatapara), and also for damages. It is pleaded in the plaint that the plaintiff is the title holder of the suit lands and the suit lands are recorded in the revenue record in his name. The defendant No. 1 has encroached on his land of Kh. No. 1055, 1056 and 1060/1 area 0.040 hectare out of total 0.072 hectare, and 0.105 hectare and using it as a threshing field. He filed an application before the Revenue Court, but his application was dismissed on 08-04-2002. The defendant has no right or title over his land, and therefore, the decree for possession of the suit land and damages may be passed.

5. The defendant contested the claim of the plaintiff and filed his written statement, denied the plaint averments and pleaded that the suit land of Kh. No. 1055, 1056 and 1060/1, area 0.036 hectare, 0.036 hectare and 0.352 hectare respectively, were partitioned in the year 1952, between the plaintiff and defendant No. 1. At that time, the defendant was at Raipur and studying. Taking advantage of the situation, the plaintiff h