2025:CGHC:56359 Digitally signed by ALOK NAFR ALOK SHARMA SHARMA Date:

2026.01.07

10:52:42 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 323 of 2016

1 - Budhu And Others S/o Mani Ram, Aged About 25 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, Chhattisgarh

2 - Suko S/o Nadni, Aged About 50 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

3 - Sonu S/o Bahadur, Aged About 30 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

4 - Sonau S/o Bahadur, Aged About 30 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

5 - Mangri Wd/o Bahadur, Aged About 48 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

6 - Duvaru S/o Sahadur, Aged About 48 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

7 - Laxman S/o Sahadur, Aged About 48 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

8 - Mankaye Wd/o Sahadur, Aged About 65 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

9 - Chaitu S/o Chaitman, Aged About 46 Years Caste- Muriya, R/o Village- Palli, Tehsil And District- Kondagaon, Chhattisgarh ..................Plaintiffs, District :

Kondagaon, Chhattisgarh ... Appellant(s)

versus

1 - Lakhmu And Others S/o Denga, Aged About 60 Years Caste- Muriya, R/o Village- Usri, Bedapalli, Tehsil And District- Kondagaon, Chhattisgarh, Chhattisgarh

2 - Andhari S/o Denga, Aged About 80 Years Caste- Muriya, R/o Village- Usri, Bedapalli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

3 - Ramadhar S/o Soma, Aged About 30 Years Caste- Muriya, R/o Village- Usri, Bedapalli, Tehsil And District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh

4 - Moti S/o Soma, Aged About 60 Years Caste- Muriya, R/o Village- Usri, Bedapalli, Tehsil And District- Kondagaon, Chhattisgarh , District : Kondagaon, Chhattisgarh

5 - State of Chhattisgarh, Through Collector, Kondagaon, District- Kondagaon, Chhattisgarh ...................Defendants, District : Kondagaon, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Shobhit Koshta, Advocate.

For Respondent(s) : Mr. Ajay Kumrani, Panel Lawyer.

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

19/11/2025

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 12.05.2016 passed by learned Additional District Judge, Kondagaon, District Kondagaon in Civil Appeal No. 6- A/16, whereby the first appeal filed by the plaintiffs has been dismissed and the judgment and decree dated 30.04.2013 passed by learned Civil Judge, Class-I, Kondagaon in Civil Suit No. 21-A/2011 has been affirmed.

2. The plaintiffs have filed the civil suit for declaration of title over the suit property of village Palli Tahsi Kondagaon, District Baster shown in schedule-A of the plaint. In the plaint, the plaintiffs have pleaded that their grandfather Gunde son of Aaytu was having his self-acquired property of 33.73 acre of agricultural land at village Palli. Gunde was having four sons namely Nadi, Chetman, Bahadur and Sahadur. After death of sons of Gunde the names of the present plaintiffs have been mutated in the revenue records. Their grandfather Gunde have partitioned their family property between his four sons and the plaintiffs are cultivating their agricultural fields as per their partition. The grandfather of the plaintiff namely Gunde and his brother Pucchi were residing together and his another brother Denga was residing separately. The father of the defendants were no ri