IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Prabeer Kumar Rautray – Appellant
Versus
Smt. Dashmat Bai – Respondent
FA/87/2022
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 87 of 2022 Reserved On 11/11/2025 Delivered On 17/12/2025
1 - Prabeer Kumar Rautray S/o Ratnakar Rautray, Aged About 57 Years R/o Qtr. No. 179/5, Railway Bangla Yard Colony, Bilaspur, Tahsil And, District : Bilaspur, Chhattisgarh 2 - Nalini Ranjan Mishra, S/o Brajmohan Mishra, Aged About 55 Years R/o Qtr. No. 104/1, Railway Colony, Raigarh, Tahsil And, District : Raigarh, Chhattisgarh 3 - Smt. Kranti Singh W/o Shyam Narayan Singh Aged About 63 Years R/o Qtr. No. 927/b, New Construction Railway Colony, Tarbahar, Bilaspur, Tahsil And, District : Bilaspur, Chhattisgarh ... Petitioner(s)
versus
1 - Smt. Dashmat Bai W/o Late Garib Das @ Surit Ram Chauhan, Aged About 76 Years R/o Opp. Paramount School, Lalkhhadan Road, Bilaspur, Tahsil And, District : Bilaspur, Chhattisgarh 2 - Smt. Ganga Bai W/o Late Lalla Singh Chauhan, Aged About 48 Years R/o Village Pousara, Tahsil And, District : Bilaspur, Chhattisgarh
3 - Dhannu, S/o Late Lalla Singh Chauhan, Aged About 25 Years R/o Village Pousara, Tahsil And, District : Bilaspur, Chhattisgarh 4 - Dhananjaya, S/o Late Lalla Singh Chauhan, Aged About 23 Years R/o Village Pousara, Tahsil And, District : Bilaspur, Chhattisgarh 5 - Dheeraj S/o Late Lalla Singh Chauhan Aged About 18 Years R/o Village Pousara, Tahsil And, District : Bilaspur, Chhattisgarh 6 - Palak, D/o Late Lalla Singh Chauhan Aged About 16 Years Minor, Through Natural Guardian Mother Smt. Ganga Bai, W/o Late Lalla Singh Chauhan, R/o Village Pousara, Tahsil And, District : Bilaspur, Chhattisgarh
7 - Shivendra Singh S/o Krishna Kumar Singh Aged About 49 Years Caste- Kshatri, R/o Village And Post Nariyara, P.S. Pamgarh, Tahsil Akaltara,, District : Janjgir-Champa, Chhattisgarh 8 - Bihari Singh Chauhan, S/o Bedu Singh Chauhan Aged About 44 Years R/o Village Konargarh, Tahsil Pamgarh, District : Janjgir-Champa, Chhattisgarh
9 - Sanjay Chauhan, S/o Pardeshi Chauhan Aged About 49 Years R/o Near Krishi Upaj Mandi, Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh
10 - Mangal Singh, S/o Ganaram Satnami, Aged About 40 Years R/o Village Murlidih, Tahsil Akaltara,, District : Janjgir-Champa, Chhattisgarh 11 - State Of Chhattisgarh Through The Collector, Bilaspur, District :
Bilaspur, Chhattisgarh ... Respondent(s)
(Division Bench)
Hon’ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad
C A V Order
Per , Amitendra Kishore Prasad, J.
1. This matter was reserved on 11.11.2025 for order on I. A.
No.01/2022 – an application for grant of leave to prefer appeal by the aggrieved persons.
2. Learned counsel for the appellant submit that appellants persons are aggrieved by the impugned judgment and decree passed by the Learned Trial Court. The details of the suit property purchased by the appellants are as follows:-
03 Smt. Kranti Singh 17.06.2011 From 1156/1 1981 Sq. ft. 3. Learned counsel for the appellants respectfully submit that after the purchase of their respective portions of the suit land, their names were duly mutated in the revenue records and they have remained in continuous possession thereof. The plaintiffs had earlier executed a power of attorney dated 02.01.2010 in favour of Respondent No.8/defendant No.2, a close relative, who, acting as their lawful attorney, executed a registered sale deed dated 29.01.2010 in favour of Respondent No.7/defendant no.1, pursuant to which the latter’s name was also duly mutated without objection and he entered into possession.
4. Thereafter, Respondent No.7/defendant no. 1 validly sold different portions of the suit property, being parts of Khasra No. 1156/1, to the present appellants through registered sale deeds dated 04.02.2011, 04.02.2011 and 17.06.2011, and upon due mutation, new Khasra numbers 1156/4, 1156/5 and 1156/6 were recorded in the names of the appellants, who have since been in peaceful possession and have also developed the land by constructing houses/boundaries after its diversion. However, despite being fully aware th
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