2025:CGHC:58492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 273 of 2015

1 - Chhatarman S/o Devnath, Aged About 45 Years, Occupation Agriculturist, Caste – Ahir, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, Chhattisgarh

2 - Jagropan S/o Late Devnath, Aged About 38 Years, Occupation Agriculturist, Caste – Ahir, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

3 - Sukhdev S/o Late Devnath, Aged About 33 Years, Occupation Agriculturist, Caste – Ahir, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Appellants versus

1 - Rajendra Prasad S/o Bheemsen, Aged About 38 Years, Caste – Ahir, Occupation – Service, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, Chhattisgarh

2 - Ravishankar Yadav S/o Bheemsen, Aged About 28 Years, Caste – Ahir, Occupation – Agriculturist, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh , District : Surguja (Ambikapur), Chhattisgarh

3 - Girjashankar S/o Bheemsen, Aged About 23 Years, Caste – Ahir, Occupation – Agriculturist, R/o Village Rampur, P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

4 - Shiv Prasad S/o Late Keshman, Aged About 28 Years, Caste – Ahir, Occupation – Agriculturist, R/o Village Latori P.S. and Tahsil Lakhanpur, District Surguja

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5 - Fuliya Bai D/o Late Keshman, Aged About 35 Years, Caste – Ahir, Occupation – Agriculturist, R/o Village Latori P.S. and Tahsil Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

6 - Kuisi (Died) Through LRs. As Per Honble Court Order Dated 24-11-2022 6A Rooplal Yadav S/o Late Balaram and Kuisi, Aged About 35 Years, R/o Sapkara, Police Station and Tahsil Surajpur, District : Surajpur, Chhattisgarh

7 - State of Chhattisgarh Through The Collector, Surguja Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Appellants : Ms. Hamida Siddiqui, Advocate. For Respondents No.1 to 3: Ms.Shivangi Agrawal, Advocate.

For State : Mr. Kalpesh Ruparel, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

02-12-2025

1. The present second appeal under Section 100 of the Code of Civil Procedure, 1908 (in short ‘the CPC’) has been filed by defendants No.1 to 3 against the impugned judgment and decree dated 23-03-2015 passed by the learned 3^rd Additional District Judge, Ambikapur, District Surguja (C.G.) in Civil Appeal No.108A/2012 whereby the first appeal filed by defendants No.1 to 3 has been dismissed and the judgment and decree dated 24-01-2012 passed by the learned First Civil Judge Class I Ambikapur, District Surguja in Civil Suit No.8A/2006 has been affirmed.

2. The status of the parties as referred in the suit are being taken in the present appeal also.

3. The present second appeal has been admitted on 03-04-2024 on the following substantial question of law:-

“Whether the suit filed by the plaintiff before the trial Court is maintainable or not in the form as has been filed.”

4. The plaintiff has filed the civil suit before the learned trial Court for declaration of their title over the suit land shown in Schedule v annexed with the plaint, the plaintiff shall be declared as joint title holder along with defendants over the suit property of schedule d and [k annexed with the plaint, partition and separate possession of the suit properties and also for permanent injunction over the suit property of Schedule v annexed with the plaint. The plaintiffs have pleaded in the plaint that the suit property of Schedule d is self acquired property of Ramcharan, Manbodh and Devnath and at the time of Surguja Survey Settlement the