2025:CGHC:56668 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 175 of 2014

1 - Jethiyabai (Since Died) Through LRs

2 - Suresh S/o Saunpat Aged About 47 Years 3 - Naresh S/o Saunpat Aged About 45 Years 4 - Dinesh S/o Saunpat Aged About 38 Years All residents of Village- Kathoutiya, Tehsil Nawagarh, District Bemetara, Chhattisgarh.

5 - Dhanmat Bai (Died) through LRs

6 - Nirmala Bai W/o Moti Sahu Aged About 40 Years Both appellants No.5 & 6 are R/o Pratappur, Tah. Nawagarh, Civil and Revenue District, Bemetara Chhattisgarh.

7 - Sarojani Bai W/o Tijau Sahu Aged About 42 Years R/o Dhanaura, Tahsil and District Kawardha, Chhattisgarh.

--- Appellants versus

1 - Ramcharan S/o Nanku Aged About 50 Years, 2 - Jugabai W/o Nanku Aged About 65 Years 3 - Bindubai D/o Nanku Aged About 40 Years

4 - Rambai (since dead) through LRs

4.- (A) Kishore Chandrakar S/o Sangram Aged About 50 Years

4.- (B) Loknath S/o Kishore Chandrakar Aged About 32 Years

4 - (C) Takeshwar S/o Kishore Chandrakar Aged About 25 Years

4 - (D) Lalla S/o Kishore Chandrakar Aged About 21 Years

5 - Kalibai D/o Nanku Aged About 19 Years, All R/o Village - Kathoutiya, Tehsil And District - Bemetara (C.G.)

6 - Indubai D/o Nanku Aged About 44 Years R/o Mahli, Tah. And Distt.

Mungeli Chhattisgarh.

7 - Gangotari Bai D/o Nanku Aged About 47 Years R/o Nawagaon, P.S.

Kunda, Tah. And Distt. Mungeli Chhattisgarh.

8 - State of Chhattisgarh Through- Collector, Bemetara, Chhattisgarh.

--- Respondent(s)

SA No. 174 of 2014

1 - Jethiyabai (Since Died) Through LRs

2 - Suresh S/o Saunpat Aged About 47 Years 3 - Naresh S/o Saunpat Aged About 45 Years 4 - Dinesh S/o Saunpat Aged About 38 Years All residents of Village- Kathoutiya, Tehsil Nawagarh, District Bemetara, Chhattisgarh.

5 - Dhanmat Bai (Died) Through LRs, 6 - Nirmala Bai W/o Moti Sahu Aged About 40 Years, Both appellants No.5 & 6 are R/o Pratappur, Tah. Nawagarh, Civil and Revenue District, Bemetara Chhattisgarh.

7 - Sarojanibai W/o Tijau Sahu Aged About 42 Years R/o Dhanaura, Tehsil and District Kawardha, Chhattisgarh.

--- Appellants versus

1 - Ramcharan S/o Nanku Aged About 50 Years

2 - Jugabai W/o Nanku Aged About 65 Years 3 - Bindubai D/o Nanku Aged About 40 Years

4 - Rambai (since dead) through LRs

4.- (A) Kishore Chandrakar S/o Sangram Aged About 50 Years

4.- (B) Loknath S/o Kishore Chandrakar Aged About 32 Years

4 - (C) Takeshwar S/o Kishore Chandrakar Aged About 25 Years

4 - (D) Lalla S/o Kishore Chandrakar Aged About 21 Years

5 - Kalibai D/o Nanku Aged About 19 Years, All R/o Village - Kathoutiya, Tehsil and District - Bemetara (C.G.)

6 - Indubai D/o Nanku Aged About 44 Years R/o Mahli, Tahsil and District Mungeli Chhattisgarh.

7 - Gangotari Bai D/o Nanku Aged About 47 Years R/o Nawagaon, P.S.

Kunda, Tah. And Distt. Mungeli Chhattisgarh.

8 - State of Chhattisgarh Through- Collector Bemetara, Chhattisgarh.

--- Respondent(s)

For Appellants : Shri Ram Kumar Tiwari, Advocate.

For Respondents : Shri Alok Gupta, Advocate.

For State : Shri Ajay Kumrani, Panel Lawyer.

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

20.11.2025

1. These two Second Appeals although are arising out of two different First Appeal decided by the First Appellate Court against two different judgments passed in separate Civil Suits, however, the subject matter of these two Civil Suits are one and common and therefore, they are being heard and decided together by this common judgment.

2. For the sake of convenience, the status of the parties are being taken in these Second Appeals as per their status shown in Civil Suits.

3. Second Appeal No.174 of 2014 has been filed by the appellant/plaintiff against the impugned judgment and decree dated 12.02.2014 passed by the District Judge, Bemetara in Civil Appeal No.28-A/2013 which was arising out of judgment and decree dated 25.04.1988 passed by Civil Judge Class-I, Bemetara, in Civil Suit No.96-A/1987. The Civil Suit of plaintiff in Civil Suit No.96-A/1987 was dismissed and the First Appeal filed by the plaintiff has also been dismissed.

4. Seco