2026:CGHC:9411 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 204 of 2014 Judgment reserved on 27/11/2025 Judgment delivered on 23/02/2026

1 - Pal Sai S/o Gyan Sai Aged About 69 Years R/o Kerju, P.S. And Tah.

Sitapur, Distt. Surguja C.G., Chhattisgarh

2A - Gunjmati W/o Late Anil Singh Aged About 58 Years R/o Baneya, P.S.

And Tah. Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

2A.a - Jaspal Singh S/o Late Anil Singh Aged About 35 Years R/o Baneya, P.S. And Tah. Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

2A.b - Ganesh S/o Late Anil Singh Aged About 30 Years R/o Baneya, P.S.

And Tah. Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

2B - Chhabil Sai (Dead Through Lrs) S/o As Per Honble Court Order Dated 30-01-2025 VED PRAKASH DEWANGAN 2B.a- Murchhand Singh S/o Late Chhabil Sai Aged About 46 Years R/o Digitally signed Occupation - Agriculturist R/o Village Kerju, Tahsil Sitapur, District by VED PRAKASH DEWANGAN Date: 2026.02.23 Surguja (C.G.)

2B.b- Deelip Kumar S/o Late Chhabil Sai Aged About 29 Years R/o Occupation - Agriculturist R/o Village Kerju, Tahsil Sitapur, District Surguja (C.G.)

2B.c- Dulari Bai W/o Late chhabil Sai, aged about 65 years, R/o Village Kerju, Tahsil Sitapur, District Surguja (C.G.)

2B.d- Chintamani, W/o Prem Singh, D/o Late Chhabil Sai, aged about 34 years, R/o Village Jamnimuda, Raja Ama, Tahsil Pathalgon, District Jashpur (C.G.)

2B.e- Geeta, W/o Dev Kumar, D/o Late Chhabil Sai, aged about 30 years, R/o Village Sokhapara, Kodekela, Gharjiabathan, Tahsil Pathalgon, District Jashpur (C.G.)

2C - Bad Sai S/o Late Prasann Ram Aged About 55 Years R/o Faradbahar, P.S. And Tah. Jashpur, Distt. Jashpur C.G., District : Jashpur, Chhattisgarh

2D - Chamar Sai S/o Late Ram Sai Aged About 57 Years R/o Kerju, P.S.

And Tah. Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

2E- Neelamber S/o Late Ram Sai Aged About 55 Years R/o Kerju, P.S.

And Tah. Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh ... Appellants versus

1A - Girvar S/o Hawal Sai Aged About 61 Years R/o Kerju, P.S. And Tah.

Sitapur, Distt. Surguja C.G., Chhattisgarh

1B- Hirdan S/o Hawal Sai Aged About 52 Years R/o Kerju, P.S. And Tah.

Sitapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

2 - State Of C.G. Through- Collector, Ambikapur, Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh ... Respondents (Cause title taken from Case Information System)

For Appellants : Mr. Shahid Ahmed Ansari, Advocate For Respondents No. 1A & 1B : Mr. Ashok Kumar Shukla and Mr.

Vikas Dhritlahare, Advocates For Respondent No.2/State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge C.A.V. Judgment

1. This second appeal under Section 100 of the Code of Civil Procedure, 1908, has been preferred by the appellants/defendants calling in question the legality, validity and propriety of the judgment and decree dated 12.05.2014 passed by the learned 2nd Additional District Judge, Ambikapur, District Surguja (C.G.) in Civil Appeal No.50-A/2012, whereby the appeal preferred by the respondents/plaintiffs has been allowed and the judgment and decree dated 19.03.2012 passed by the learned Civil Judge Class- II, Sitapur, District Surguja in Civil Suit No.31-A/1989 (earlier Civil Suit No.12A/2007) dismissing the suit as barred by limitation has been set aside, and the respondents/plaintiffs have been held entitled to recovery of possession of the suit land as described in Schedule-B appended to the impugned judgment and decree. The appellants, being aggrieved by the reversal of the trial Court’s findings on limitation and possession, have raised various substantial questions of law relating to limitation, amendment of pleadings under Order VI Rule 17 CPC, accrual of cause of action, and the legality of the findings recorded by the first appellate Court.

2. The second appeal is admitted on 07.12.2015 on the following