2025:CGHC:60628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for Judgment On : 28.10.2025 Judgment Delivered On : 12/12/2025 Judgment Uploaded On : 12/12/2025 SA No. 143 of 2015 Phoolbai Satnami D/o Samaru Satnami Aged About 42 Years R/o Village Kharwe, P.S. And Tah. Kasdol, Distt.- Balodabazar-Bhatpara, Chhattisgarh.

--- Appellant versus

1 - Patiram Jaiswal. S/o. Tribhuwan Jaiswal Aged About 47 Years 2 - Narayan Jaiswal S/o Tribhuwan Jaiswal Aged About 44 Years

3 - Bharatlal Jaiswal, S/o Tribhuwan Jaiswal Aged About 42 Years All are R/o Village- Kharwe, P.S. And Tah. Kasdol, Distt. Balodabazar-

Bhatapara, Chhattisgarh

4 - Dhanbai Jaiswal D/o Tribhuwan Jaiswal Aged About 39 Years

5 - Jambai Jaiswal D/o Tribhuwan Jaiswal Aged About 37 Years Both are R/o Kasdol, P.S. And Tah. Kasdol, Distt.- Balodabazar-Bhatapara, Chhttisgarh

6 - Phoutbai Jaiswal D/o Tribhuwan Jaiswal Aged About 34 Years R/o Village- Shukli, P.S. And Tah. Kasdol, Distt.- Balodabazar-Bhatapara, Chhattisgarh

7 - Brijram S/o Rupram Aged About 62 Years 8 - Hetram S/o Rupram Aged About 57 Years 9 - Brijmati D/o Rupram Aged About 52 Years BALRAM PRASAD DEWANGAN 10 - Shanti D/o Rupram Aged About 47 Years BALRAM PRASAD DEWANGAN Date: 2025.12.12

11 - Indra D/o Rupram Aged About 42 Years

12 - Samme Sahu S/o Bhagwani Sahu Aged About 42 Years

13 - Syamsundar S/o Bhagwani Sahu Aged About 48 Years All are R/o Village- Kharwe, P.S. And Tah. Kasdol, Distt.- Balodabazar-

Bhatapara, Chhattisgarh

14 - Milu S/o Aanand Majhi Aged About 48 Years R/o Village- Hapanda, P.S.

And Tah. Kasdol, Distt.- Balodabazar-Bhatapara, Chhattisgarh

15 - State Of Chhattisgarh Through- Collector, Baloda-Bazar, Distt.- Baloda Bazar- Bhatapara, Chhattisgarh --- Respondents (Cause title is taken from CIS)

____________________________________________________________

For Appellant : Mr. H.V. Sharma, Advocate For Respondents No.1 : None present.

For Respondent No.14/State : Mr. Kalpesh Ruparel, P.L.

Hon'ble Shri Justice Parth Prateem Sahu

CAV Judgment

1. This second appeal is filed challenging the legality and sustainability of the impugned judgment and decree dated 18.02.2015, passed by the First Additional District Judge, Balodabazar in Civil Appeal No.20-A/2013, whereby learned First Additional District Judge has dismissed the appeal filed by appellant/plaintiff affirming the judgment and decree dated 23.03.2013, passed in Civil Suit No.58-A/2011, whereby learned Civil Judge Class-I, dismissed the civil suit filed by the appellant/plaintiff.

2. Facts relevant for disposal of this appeal are that appellant/plaintiff filed a suit seeking relief of declaration that by sale deed dated 18.03.66, 12.09.66 and 28.05.1970 rights of plaintiff is not extinguished on the property as mentioned in Schedule-A of the plaint. He further sought relief of possession of suit land from defendants therein as also prayed for relief of injunction on the ground that property, subject matter of suit was her father’s property, who died intestate in the year 1964. After death of her father, plaintiff became sole owner of property recorded in her father’s name and her mother was shown to be legal guardian and her name was recorded in the revenue records accordingly. When plaintiff was about 3-4 years of age, her mother left her and performed second marriage leaving her in the custody and guardianship of her uncle (elder brother of her father). Since the age of about 3 to 4 years, plaintiff was under care and guardianship of her uncle, who also managed the property recorded in her name. It is also pleaded that after her marriage, her property was looked after and taken care by her uncle including property as mentioned in Schedule -A. Her uncle Pakalu died about 11 years ago. She came to village Kharve (her birth place) to attend the last right ceremony, at that time she came to know that some persons are in possession of her property. Upon enquiry she came to know that they have purchased property from Ganesh Ram. Persons who are in possession o