2026:CGHC:3742 NAFR RAHUL HIGH COURT OF CHHATTISGARH AT BILASPUR JHA Digitally signed by RAHUL JHA Order Reserved on 14-01-2026 Date: 2026.01.22 13:39:14 +0530 Order Delivered on 22-01-2026 FA No. 7 of 2015 Smt. Ashawati D/o Late Dharam Singh Bariha Aged About 55 Years W/o Nurpo, R/o Village- Dongripali, P.S. Dongripali, Tah. Baramkela, Distt.

Raigarh C.G., Chhattisgarh Appellant Versus

1 - Rukhmani D/o Late Dharam Singh Bariha Aged About 60 Years W/o Bhuneshwar, R/o Village- Rajadevri Sonakhan, P.S. And Tah. Pithoura, Distt.

Mahasamund C.G., Chhattisgarh

2 - Jogeshwar S/o Late Dharam Singh Bariha Aged About 50 Years R/o Village- Dongripali, P.S. Dongripali, Tah. Baramkela, Distt. Raigarh C.G., District : Raigarh, Chhattisgarh

3 - Janhvi @ Jhumki W/o Jogeshwar Bariha Aged About 46 Years R/o Village- Dongripali, P.S. Dongripali, Tah. Baramkela, Distt. Raigarh C.G., District :

Raigarh, Chhattisgarh

4 - Geetanjali D/o Late Jogeshwar Bariha Aged About 30 Years W/o Sanjay, R/o Village- Saraswati Rice Mill, Naharpara, Mahasamund, P.S., Tah. And Distt. Mahasamund C.G., District : Mahasamund, Chhattisgarh

5 - Pushpanjali D/o Jogeshwar Bariha Aged About 28 Years W/o Ramchandra Bariha, R/o Village- Laxmi Poja Chhak Burla, P.S. And Tah. Burla, Distt.

Sambalpur Orrisa, District : Sambalpur, Orissa

6 - Pushpraj S/o Jogeshwar Bariha Aged About 26 Years R/o Village- Dongripali, P.S. Dongripali, Tah. Baramkela, Distt. Raigarh C.G., District :

Raigarh, Chhattisgarh

7 - Shobhanjali D/o Jogeshwar Bariha Aged About 24 Years W/o Gokul, R/o Kelenda, P.S. And Tah. Saraipali, Distt. Mahasamund C.G., District :

Mahasamund, Chhattisgarh

8 - Rajendra Kumar S/o Jogeshwar Bariha Aged About 22 Years R/o Village- Dongripali, P.S. Dongripali, Tah. Baramkela, Distt. Raigarh C.G., District :

Raigarh, Chhattisgarh

9 - Nalni D/o Nurpo Bariha Aged About 42 Years W/o Biranchi, R/o Village- Kanshipali, P.S. And Tah. Bhathli, Distt. Bargarh Orissa, District : Bargarh *, Orissa

10 - Amrawati D/o Dharm Singh Aged About 53 Years R/o Village Rajmahal Padampur, Police Station, Tahsil Civil And Revenue District Padampur Orrisa , Orissa

11 - The State Of Chhattisgarh Through The Collector Raigarh Civil And Revenue Distt Raigarh C.G., Chhattisgarh Respondents (Cause-title taken from Case Information System)

For Appellant(s) : Mr. Ravipal Maheshwari, Advocate.

For Resp. No. 1 to 8 : Mr. Vivek Tripathi, Advocate.

For State/Resp. No. 11 : Mr. Anand Gupta, Dy.G.A.

Hon'ble Shri Bibhu Datta Guru, Judge

C A V Judgment

1. The present appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908, by the appellant/plaintiff assailing the judgment and decree dated 23.12.2014 passed by the learned Additional District Judge, Sarangarh, District Raigarh (C.G.) in Civil Suit No. 09-A/2013 (Smt. Ashawati v. Rukmani & Ors.), by which the suit instituted by the appellant/plaintiff came to be dismissed.

2. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

3. (a) The plaintiff Ashawati filed a Civil suit against Defendant Nos. 1 to 8 for declaration, partition and possession pleading, inter alia, that her father, late Dharamsingh, had two wives, namely, first wife late Parvati and his second wife Harsovati (Defendant No. 11). The parties to the suit are the descendants of late Dharamsingh, and their relationship inter se is shown in the genealogical tree produced herein below:-

Late Dharamsingh Late Parvati (First Wife) Harsovati (Second Wife)

Rukmani (Daughter) Jogeshwar (Son) Late Durpati Ashavati Amravati Nalini (Daughter)

Geetanjali Pushpanjali Pushpraj Shobhanjali Rajendra

(Daughter) (Daughter) (Son) (Daughter) (Son)

(b) According to the plaintiff, the ancestral property originally stood

recorded in the name and possession of the common ancestor of both the

parties, late Dharamsingh, son of late Shankar Singh Bariha, situated at

Village Dongaripali, Patwari Halka No. 50. The total holding comprised

Khasra No. 45 admeasuring 83.08 acres, includ