2025:CGHC:58490 Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWALD

20 a 2 te 6 :

.01.06 10:46:10 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 48 of 2018

1 - Maahangu S/o Chandru Aged About 63 Years Occupation - Agriculturist, Caste - Muriya, R/o Vilage Badrenga, Tahsil - Lohandiguda, Distt. Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

2 - Hari S/o Chandru Aged About 65 Years Occupation - Agriculturist, Caste - Muriya, R/o Vilage Badrenga, Tahsil - Lohandiguda, Distt. Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

3 - Khuja S/o Dhursai Aged About 43 Years Occupation - Agriculturist, Caste - Muriya, R/o Vilage Badrenga, Tahsil - Lohandiguda, Distt. Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

4 - Boti S/o Dhursai Aged About 40 Years Occupation - Agriculturist, Caste - Muriya, R/o Vilage Badrenga, Tahsil - Lohandiguda, Distt. Bastar, Chhattisgarh, District :

Bastar(Jagdalpur), Chhattisgarh

5 - Dhoi S/o Chaitu Aged About 61 Years Occupation - Agriculturist, Caste - Muriya, R/o Vilage Badrenga, Tahsil - Lohandiguda, Distt. Bastar, Chhattisgarh, District :

Bastar(Jagdalpur), Chhattisgarh ... appellant(s)

versus

1 - Sukali D/o Chaitu Aged About 60 Years Caste - Muriya, R/o Village Badrenga, Tahsi - Lohandiguda, Distt. Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

2 - State Of Chhattisgarh Through - The Collector, Jagdalpur, Distt. Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For appellant (s) : Mr. Vikash A. Shrivastava, Advocate For Respondent/ State : Mr. Kalpesh Ruparel, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

02.12.2025

1. The present second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the plaintiffs against the impugned judgment and decree dated 25-11-2017 passed by learned Second Additional District Judge, Jagdalpur, District Bastar, in Civil Appeal No. 11-A/2017, whereby the first appeal filed by the plaintiffs has been dismissed and the judgment and decree dated 10-04-2017 passed by learned Third Civil Judge, Class-I, Jagdalpur, District Bastar, in Civil Suit No. 95-A/2012, has been affirmed.

2. The plaintiffs have filed a Civil Suit for declaration of title and possession holder of the suit property of 12.260 hectares of land situated at village Badrenga, Tahsil Lohandiguda, District Bastar, shown in Schedule “A” annexed with the plaint, permanent injunction, and the mutation order dated 07-06-2011 passed by Tahsildar, Lohandiguda, be declared as null and void. It is pleaded in the plaint that the parties belong to the Muriya caste and are members of the Scheduled Tribes community. The suit property of Schedule “A” of the plaint was acquired by the great-grandfather of the plaintiffs No. 1 to 4, father of the plaintiff No. 5 and father of defendant No. 1, namely Chaitu, in succession, and they are in joint possession of the same till date. As per the customs of the community of the parties, if the son is in the family, the daughters have no right or title over the ancestral property. After the death of Chaitu, the suit property was recorded in the name of the parties. On 15-04- 2011, the defendant No. 1 filed an application before the Tahsildar, Lohandiguda, for mutation of her name in the revenue records of the suit property, which was allowed on 07-06-2011 and her name is ordered to be mutated. The appeal filed before the SDO (Revenue), Jagdalpur, is pending, in which an interim order was passed. In the meantime, the defendant No. 1 has filed an application for partition of the suit property as per his order dated 07-06-2011, which gives cause of action to file the present suit of the plaintiffs, and ultimately, the suit is filed.

3. The defendant No. 1 contested the claim of the plaintiffs and denied the plaint averments and pleaded in the written statement that Chaituram had performed two marriages. The first wif