Digitally signed by SHAYNA 2026:CGHC:4263 KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 109 of 2024

1 - Ajay Kumar Sharma S/o Bhikhamchandra Sharma Aged About 62 Years R/o Sadar Ward, Bhatapara, Taluka Bhatapara, District Balodabazar-Bhatapara (C.G.),..(Defendant No. 1)

... Applicant versus

1 - Kusumlata Sharma W/o Bhikhamchandra Sharma Aged About 83 Years R/o Sadar Ward, Bhatapara, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...(Plaintiff)

2 - Rajkumar Sharma S/o Bhikhamchandra Sharma Aged About 67 Years Sadar Ward, Bhatapara, Taluka - Bhatapara, District Baloda Bazar-Bhatapara (C.G.),...(Plaintiff)

3 - Madhulata Sharma W/o Naynanand Sharma Aged About 65 Years R/o B-174, Rajendra Marg, Bapu Nagar, Jaypur-4 (Rajasthan),...

(Defendant)

4 - Nilima Sharma W/o Mohan Kumar Sharma Aged About 63 Years R/o Flat No. 6-305, Shankar Lalat Nagar, Wakad, Pune (Maharashtra),...

(Defendant)

5 - Yogeshvar Verma S/o Chandrika Verma Aged About 39 Years R/o Village - Chandi, P.O. Semhradih, Taluka - Simga, District Balodabazar-

Bhatapara (C.G.),...(Defendant)

6 - Vedprakash Verma S/o Chandrika Verma Aged About 36 Years R/o Village Chandi, P.O. Semhradih, Taluka - Simga, District Balodabazar-

Bhatapara (C.G.),...(Defendant)

7 - Tikeshvar S/o Dulesh Sahu Aged About 22 Years R/o Village Dhaneli, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...

(Defendant)

8 - Dikeshwar S/o Dulesh Sahu Aged About 19 Years R/o Village Dhaneli, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...

(Defendant)

9 - Limesh Das S/o Raju Das Aged About 21 Years R/o Village Dhaneli, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...

(Defendant)

10 - Nitesh Das S/o Raju Das Aged About 18 Years R/o Village Dhaneli, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...

(Defendant)

11 - Vinod Das S/o Padum Das Manikpuri Aged About 51 Years R/o Village Dhaneli, Taluka - Bhatapara, District Balodabazar-Bhatapara (C.G.),...(Defendant)

12 - State Of Chhattisgarh Through Collector, Balodabazar, District Balodabazar-Bhatapara (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Applicant : Mr. Sourabh Sahu, Advocate For State : Mr. Hariom Rai, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

23/01/2026

1. This Civil Revision has been filed under Section 115 of the Code Of Civil Procedure, 1908 being aggrieved by the order dated 05.03.2024 passed by the Civil Judge, Class-I, Bhatapara, District Balodabazar-Bhatapara (C.G.) in Civil Suit No. 37-A/2022, whereby the application filed by the applicants under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.

2. Facts of the case, as projected, are that the plaintiffs instituted a civil suit for declaration of title and permanent injunction before the Court of Civil Judge, Bhatapara, against the defendants in respect of lands bearing Khasra Nos. 67, 108, 123, 127, 376, 458, 509, 566 and 568, admeasuring 5.314, 0.024, 0.109, 0.093, 0.028, 0.425, 0.938, 0.162 and 0.251 hectares respectively, comprising 9 khasras with a total area of 7.344 hectares, situated at Village Shikari, Kesli, P.H. No. 32, Tahsil Simga, District Baloda Bazar-Bhatapara (C.G.), hereinafter referred to as the “Suit Land”. It was the case of the plaintiffs that the Suit Land originally belonged to Late Budhhalal Sharma, who was the father-in-law of plaintiff No.1 and grandfather of plaintiff No.2 as well as defendant Nos.1 to 3. It was further pleaded that upon the death of Budhhalal Sharma, the Suit Land devolved upon Bhikhamchand Sharma, husband of plaintiff No.1 and father of plaintiff No.2 and defendant Nos.1 to 3. According to the plaintiffs, after the death of Bhikhamchand Sharma, the Suit Land ought to have been distributed amongst all his legal heirs; however, defendant No.1, in collusion with the revenue authorities, allegedly got his name mutated in the revenue records to the exclusion of the other co- sharers. It was further alleged that after