2026:CGHC:9169 Digitally signed by JYOTI JYOTI SHARMA SHARMAD 20 a 2 te 6 : .02.23 NAFR

16:57:57 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 358 of 2024

1. Tarawati Wd/o Late Ramdas Aged About 60 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

2. Bohit Lal S/o Shri Uttamlal Aged About 19 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

3. Smt. Reeta Pandey W/o Shri Tejprakash Pandey Aged About 40 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.) 4. Kailash Pandey S/o Shri Chandrashekhar Pandey Aged About 29 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

5. Bileshwar S/o Shri Shubhagyaman Aged About 45 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

6. Smt. Gunjwati W/o Shri Dasharu Aged About 50 Years R/o Village Jirakhaal, Tahsil Bakawand, District Bastar (C.G.)

... Appellant(s)

versus

1. Smt. Heeramani Wd/o Late Bhupatdas Aged About 52 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

2. Gopal Das S/o Late Bhupatdas Aged About 32 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

3. Smt. Nirmala D/o Late Bhupatdas Presently W/o Shri Jeevandas Aged About 28 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

4. Ashawan Das S/o Late Bhupatdas Aged About 25 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.)

5. Paaras Das S/o Late Bhupatdas Aged About 23 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.) 6. Kumari Shakuntala D/o Late Bhupatdas Aged About 20 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.) 7. Kumari Indira D/o Late Bhupatdas Aged About 18 Years R/o Village Maretha, Tahsil Bakawand, District Bastar (C.G.) 8. State Of Chhattisgarh Through The District Collector, Jagdalpur, District Bastar (C.G.)

... Respondent(s)

Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

20.02.2026

1. The defendant/ appellant has preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity CPC) against the judgment & decree dated 06.07.2024 passed by the Learned 2nd District Judge, Bastar, Jagdalpur in Civil Appeal No. 76-A/2018 (Rambati (dead) Tarawati & Ors. Vs. Smt. Heeramani & Ors.) affirming the judgment and decree dated 29.09.2018 passed by the Trial Court in Civil Suit No. 22-A/2013 (Smt. Heeramani & Ors. Vs. Rambati & Ors. ) whereby the learned trial Judge has allowed the suit of the plaintiff/ respondent. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs preferred the present suit seeking declaration of title and permanent injunction in respect of the land described in Schedule “C” situated at Village Maretha, Tehsil Jagdalpur, District Bastar, admeasuring 10.13 hectares. They have also prayed for declaration that the partition order dated 13.05.2010, the appellate order dated 23.06.2011, the registered sale deeds dated 21.06.2010, 15.07.2011 and 26.12.2012, and the consequential mutation proceedings in favour of defendant No. 8 are illegal, void and inoperative pleading inter alia that the suit land situated at Village Maretha, Tehsil Jagdalpur, District Bastar, was originally recorded in the name of Shivnath, son of Motiram Kalar. Shivnath had two sons, namely Purandas and Keshavdas. Purandas had a son Ramdas. Keshavdas had a son Bhupatdas, who predeceased him in 2008, and Keshavdas himself died in 2009. The present plaintiffs are the widow and children of Bhupatdas, thus claiming through the branch of Keshavdas. The plaintiffs pleaded that after the death of Keshavdas, when mutation proceedings were initiated, they discovered that Rambati (deceased defendant) had falsely claimed herself to be the widow of Purandas and her niece Tarawati (defendant No.2) as the widow of Ramdas, and had got their names recorded in the revenue records. It was alleged that both women were legally married elsewhere and had no lawful status in Shivnath’s