NADIM MOHLE

2025:CGHC:60075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 133 of 2004

1 - Nand Lal Mourya (Died Through Lrs) As Per Honble Court Order Dated 26-

11-2025.

1.1 - Rajendra Prasad Mourya S/o Late Nandlal Mourya Aged About 62 Years R/o Darbari Toli Near Temple Of Shankar Ji, Jashpur, District Jashpur C.G.(Son Of Deceased)

1.2 - Smt Nirmala Mourya W/o Ambika Mourya Aged About 60 Years Address Chhote AtarKacchaa, T.V. Tower Road, Raigarh, District Raigarh C.G. (Daughter Of Deceased)

1.3 - Rajkumar Mourya S/o Late Nandlal Mourya Aged About 47 Years Address Chhote AtarKacchaa, T.V. Tower Road, Raigarh, District Raigarh C.G.

(Son Of Deceased)

1.4 - Amit Kumar Mourya S/o Late Nandlal Mourya Aged About 35 Years Address Chhote AtarKacchaa, T.V. Tower Road, Raigarh, District Raigarh C.G.

(Son Of Deceased)

2 - Bechu Ram Mourya S/o Shri Munshi Ram Mourya, R/o Chhote Antarmura, Raigarh (Chhattisgarh)

3 - (Deleted) Heeranand (Died) Through Lrs. As Per Honble Court Order Dated 28-07-2023. 3.1 - (A) Smt. Nanki Devi Rora W/o Late Heeranand Rora Aged About 72 Years R/o Ward No. 24 Kacchi Kholi, Sindhi Colony, Beladula, Raigarh (C.G.) 3.2 - (B) Smt. Bharti Kukreja D/o Late Heeranand Rora Aged About 52 Years W/o Prakash Chand Kukreja, R/o Khariyar Road, Distt. Nuapada (Odisha) 3.3 - (C) Smt. Sunita Nagwani D/o Late Heeranand Rora Aged About 50 Years W/o Dayal Das Nagwani, R/o Ambikapur, Distt. Surguja (C.G.)

3.4 - (D) Smt. Karuna Bajaj D/o Late Heeranand Rora Aged About 48 Years W/o Surya Prakash Bajaj, R/o B-7, Phase-1, Sector-2, Avanti Vihar, Raipur (C.G.)

3.5 - (E) Smt. Dipika Nathani D/o Late Heeranand Rora Aged About 46 Years W/o Surendra Kumar Nathani, R/o Pendra, Distt. Gourela-Pendra-Marwahi (C.G.)

3.6 - (F) Santosh Kumar Rora S/o Late Heeranand Rora Aged About 47 Years R/o Ward No. 24, Kacchi Kholi, Sindhi Colony, Beladula, Raigarh (C.G.) 3.7 - (G) Smt. Reena Panjwani D/o Late Heeranand Rora Aged About 45 Years W/o Deepak Panjwani, R/o House No. 230, Sector-2, Shakti Nagar, Huzur, H.E. Hospital, Bhopal (M.P.) 4 - Vindyanchal S/o Ramnath Prasad Sao, R/o Chhote Antarmura, Raigarh (Chhattisgarh). ... Appellants versus

1 - Jodhram Sahu S/o Punauram Sahu, R/o Chhote Antarmura, Teh. Distt.

Raigarh (Chhattisgarh).

2 - State Of Chhattisgarh Through Collector, Raigarh (Chhattisgarh)

... Respondent(s)

For Appellants : Mr. Prabhat Saxena, Advocate For Respondents No.1 : Mr. Arvind Shrivastava, Advocate For State :

Mr. Pramod Shrivastava, Deputy Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

10/12/2025

1. Heard on I. A. No.3, an application under Order 41 Rule 27 of the CPC, for taking additional evidence on record.

2. Mr. Prabhat Saxena, learned counsel appearing for the plaintiffs/appellants, would submit that an application under Order 41 Rule 27 of the CPC has been moved for taking additional evidence on record. He would further submit that the demarcation report conducted by a team of Revenue Inspector and Patwari dated 28.09.2019 has been placed on record to demonstrate that the suit property i.e. 60 sq. ft., has been encroached over by defendant No. 1. He would contend that in the said report, it is categorically stated by the revenue authorities that defendant No. 1 has encroached over 60 sq. ft. of land out of Survey No. 23/1; thus, he would pray that the application (I.A. No.3)

may be allowed.

3. On the other hand, Mr. Arvind Shrivastava, learned counsel appearing for respondent No.1, would oppose and submit that those documents were neither placed before the learned Trial Court nor before the learned first appellate Court; therefore, at the second appellate stage, such documents cannot be considered. He would contend that at the time of adjudication of the civil suit or appeal, those documents were not in existence. He would also submit that, as per Order 41 Rule 27 of the CPC, this application deserves to be rejected.

4. I have heard learned counsel for the parties and perused the application.

5. Order 41 Rule 27 o