2026:CGHC:8391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 11 of 2020

1 - Gendlal Khobragade S/o Anandram Aged About 48 Years SHOAIB Agriculturist, R/o Village Kalyanpur, Tahsil Dongargarh, District ANWAR Digitally signed by Rajnandgaon Chhattisgarh (Defendants), District : Rajnandgaon, SHOAIB ANWAR Date: 2026.02.19 11:34:07 +0530 Chhattisgarh

2 - Jitendra Khobragade S/o Gambhir Aged About 34 Years Agriculturist, R/o Village Kalyanpur, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ... Appellants versus Santosh S/o Budhram Aged About 46 Years R/o Village Kalyanpur Tahsil Dongargarh, District Rajnandgaon Chhattisgarh (Plaintiff), District : Rajnandgaon, Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellants : Shri Parag Kotecha, Advocate.

For Respondent(s) : Shri B.P. Gupta, Advocate Hon'ble Shri Justice Bibhu Datta Guru Judgment on Board

17/02/2026

1.

The present Second Appeal has been filed by the defendants/ appellants under Section 100 of the Code of Civil Procedure, 1908, assailing the impugned judgment and decree dated 20.11.2019 passed by the learned Additional District Judge, Dongargarh, District Rajnandgaon (C.G.) in Civil Appeal No. 17A/2018 (Gendlal & Another vs. Santosh), whereby the civil appeal filed by the appellant/ defendants was partly allowed while reversing the judgment and decree dated 30.06.2018 passed by the learned Civil Judge, Class-I, Dongargarh District Santosh vs.

Rajnandgaon (C.G.), in Civil Suit No. 50A/2012 (

Gendlal & Another ), whereby the suit filed by the plaintiff has been allowed in part and the counter-claim filed by the defendants was dismissed.

2.

For the sake of convenience, the parties shall hereinafter be referred to as per their status before the Trial Court.

3.

It is pertinent to mention here that against dismissal of civil appeal No.18-A/2018 the plaintiff has also preferred Second Appeal No. 56/2020 (Santosh vs. Gendlal & Another) which has already been admitted by this Court on 02.02.2026 and is directed to be listed separately for final hearing.

4.

(a) The plaintiff has filed the suit against the defendants seeking compensation and a decree of permanent injunction in respect of land bearing Khasra No. 166, admeasuring 0.08 acre, situated at Village Kalyanpur, Tahsil Dongargarh, District Rajnandgaon (C.G.), pleading inter alia that the suit property comprises land bearing Khasra No. 166, admeasuring 0.08 acre, situated at Village Kalyanpur, Tahsil Dongargarh. The detailed description of the property is provided in Schedule ‘A’ appended to the plaint and forms part thereof. The said property is ancestral in nature and devolved upon the plaintiff Santosh by way of succession. Being ancestral property, the names of the plaintiff, his mother Shantibai, brothers Subhash and Rupesh, and sister Latabai are duly recorded in the revenue records. The plaintiff, being the head of the family, has instituted the suit on behalf of his family members.

(b) It is pleaded that when the plaintiff and his family commenced construction of a residential house over approximately half portion of the suit land, Defendant No. 1, Gendalal, filed an application for mutation before the v Tahsildar, Dongargarh, registered as Case No. 75 /6/2011-12. Upon service of notice, the plaintiff filed objections, and by order dated 28.08.2012, the Tahsildar dismissed the said mutation proceedings on merits.

(c) The plaintiff further submits that he and his family have been in possession of the suit property since birth, and their names were recorded in the revenue records after the death of his father, Budhram. During excavation of the foundation on 15.06.2012, Defendant No. 1 allegedly interfered by filling the foundation with soil and assaulting the plaintiff’s family members, whereupon a report was lodged at Police Station Dongargarh. Subsequently, on 05.09.2012, Defendant No. 2 and others allegedly demolished the chhajja/lintel of the house under construction, a