2026:CGHC:9205 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on 17-02-2026 Digitally signed by Judgment delivered on 23-02-2026 AMARDEEP AMARDEEPCHOUBEY CHOUBEY Date:

2026.02.23

16:23:52 +0530 MA No. 20 of 2026

1 - Hemant Kumar Sahu S/o Late Bholaram Sahu Aged About 38 Years R/o Village Latabod, Harish Welding Shop, Main Road Latabod, Tahsil And District Balod (C.G.)

2 - Harishchand Sahu S/o Late Bholaram Sahu Aged About 45 Years R/o Village Latabod, Harish Welding Shop, Main Road Latabod, Tahsil And District Balod (C.G.)

3 - Gayatri Sahu D/o Late Bholaram Sahu Aged About 42 Years R/o Village Latabod, Harish Welding Shop, Main Road Latabod, Tahsil And District Balod (C.G.)

4 - Purushottam Sahu S/o Late Bholaram Sahu Aged About 52 Years R/o Bargaon, Tahsil Dongargaon, District Rajnandgaon (C.G.)

5 - Krishna Bai Wd/o Late Bholaram Sahu Aged About 70 Years R/o Bargaon, Tahsil Dongargaon, District Rajnandgaon (C.G.)

... Appellants versus

1 - Ashwani Kumar S/o Late Taran Das Sahu Aged About 60 Years R/o Village Bohardeeh, Tashil Patan, District Durg (C.G.)

2 - Devraj Sahu S/o Vishnu Sahu Aged About 30 Years (Wrongly Mentioned As Late Taran Das Sahu), R/o Nehru Nagar Utai, Tahsil And District Durg (C.G.)

3 - State Of Chhattisgarh Through The District Magistrate, District Durg (C.G.)

..Respondents For Appellants :Mr. Praveen Dhurandhar, Advocate For Respondent No.1 :Mr. Alok Bakshi, Advocate For Respondent No.2 :Ms. Mitisha Kotecha, Advocate For Respondent/State :Mr. Anand Gupta, Dy. G.A.

Hon'ble Shri Bibhu Datta Guru , J

C A V Judgment

1. By the present appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for brevity ‘the CPC’), the appellants/plaintiffs challenging the impugned judgment and decree dated 18/11/2025 passed by the learned District Judge, Patan, District Durg C.G. in New Civil Appeal No.190-A/2024 (Old Appeal No.94-A/2023) (Ashwani Kumar & Anr Vs. Hemant Kumar Sahu & Ors), whereby the judgment and decree passed by the learned Civil Judge, Class-I, Patan, District Durg, C.G. in Civil Suit No.08A/2021 dated 14/08/2023 (Hemant Kumar Sahu & Ors Vs. Aswani Kumar & Ors) has been set-aside and the matter has been remanded to the trial Court for fresh adjudication.

2. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

3. The plaintiffs preferred a suit seeking a declaration, permanent injunction and partition, pleading inter alia that defendant No.1 Ashwani Kumar and Bholaram (father of plaintiffs No. 1 to 4 and husband of Plaintiff No. 5) were real brothers. Bholaram passed away in the year 2012. In the name of late Bholaram, agricultural lands situated at Village Bohardih, Patwari Halka No. 19, Revenue Circle Bhilai, Tehsil Patan, District Durg, bearing Khasra Nos. 119/2, 119/3, 154, 155/1, 155/2, 155/3, 289/1, 289/2, 289/3, 290/1, 290/2, 290/3, 386, 424, having areas respectively 0.240, 0.360, 2.550, 1.350, 0.330, 0.160, 0.230, 0.320, 0.280, 0.280, 0.210, 0.350, 0.030, 0.450 hectares, totaling 14 khasras and total area 7.940 hectares, and Khasra Nos. 522, 32, 396/1, 513, 386 having areas respectively 0.13, 3.21, 0.69, 2.24, 0.03 hectares totaling 6.30 hectares, were recorded in his name as landowner in the year 1994–95. During his lifetime, late Bholaram had filed a civil suit disputing that defendant No. 1, Ashwani Kumar, was not his real brother; however, the said suit was dismissed on 02.04.2005. Defendant No.1 had also submitted an application before the Tehsildar for recording possession, pursuant to which an order dated 16.05.2001 was passed directing that possession of the disputed land be recorded in the name of Defendant No.1. Thus, the plaintiffs and Defendant No. 1 became joint landowners of the disputed property. Late Bholaram had also filed a claim seeking declaration that the sale of land bearing Khasra No. 32, area 3.21 hectares, executed in favor of Janaki Bai, be declared null and void and not binding upon Ashwani Kumar, and accord