NIRMALA RAO

2026:CGHC:8657 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 26 of 2017

1 - Sita Ram S/o Late Ram Swaroop Khemuka, Aged About 46 Years R/o Janjgir, Tah. Janjgir, Distt. Janjgir-Champa, Chhattisgarh ...............Defendant No.3, Chhattisgarh ... Petitioner(s)

versus

1 - Pawan Kumar (Died ) Through Les As Per Honble Court Order Dated 15-09-

2025

1.1 - Smt Usha Devi Wd/o Late Shri Pawan Kumar Agrawal Aged About 62 Years R/o Chakradhar Nagar, Raigarh, Chhattisgarh (C.G.) 1.2 - Ashish Agrawal S/o Late Shri Pawan Kumar Agrawal Aged About 34 Years R/o Chakradhar Nagar, Raigarh, Chhattisgarh (C.G.) 1.3 - Manish Agrawal S/o Late Shri Pawan Kumar Agrawal Aged About 32 Years R/o Chakradhar Nagar, Raigarh, Chhattisgarh (C.G.) 1.4 - Sweety Agrawal @Asha D/o Late Shri Pawan Kumar Agrawal Aged About 35 Years R/o Chakradhar Nagar, Raigarh, Chhattisgarh (C.G.) 2 - Om Prakash S/o Late Ram Swaroop Khemuka, Aged About 48 Years R/o Main Road, Near State Bank Of India, Janjgir, Tah. Janjgir, Distt. Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - Shakuntla Devi W/o Late Suresh Kumar Khemuka, Aged About 38 Years R/o Niharika Road, Shankar Nagar, M I G-115, Korba, Distt. Korba, Chhattisgarh, District : Korba, Chhattisgarh

4 - Muskan D/o Late Suresh Kumar Khemuka, Aged About 17 Years Presently Aged About 19 Years R/o Niharika Road, Shankar Nagar, M I G-115, Korba, Distt. Korba, Chhattisgarh, District : Korba, Chhattisgarh 5 - Ginni Bai (Died And Deleted) As Per Honble Court Order Dated 15-09-2025 6 - Madan Lal S/o Late Ghasi Ram Agrawal, Aged About 61 Years R/o Main Road, Near State Bank Of India, Janjgir, Tah. Janjgir, Distt. Janjgir-Champa, Chhattisgarh ................Defendants No. 1 To 6, District : Janjgir-Champa, Chhattisgarh ... Respondent(s)

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For Appellant/s : Shri Abhijeet Mishra, Advocate.

For Legal Representatives of Respondent No.1 : Shri Somnath Verma, Advocate.

For Respondent No.6 : Ms. Vidhi Matlani, Advocate holding the brief of Shri Sanjay Agrawal, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

18.02.2026

1. The appellant/ defendant No.3 has preferred this miscellaneous appeal challenging the validity and propriety of judgment/ order dated 16.11.2016 passed by the learned District Judge, Janjgir-Champa in Civil Appeal No.03-A of 2015 (Pawan Kumar Vs. Om Prakash and Others), whereby the judgment and decree passed by the learned trial Court in Civil Suit No.48A of 2003 was set aside and the case was remitted back to the trial court to decide it afresh after appreciating evidence and affording an opportunity of hearing to the parties.

2. The facts, in brief, are that Pawan Kumar/ plaintiff filed a suit for declaration of title and permanent injunction against the defendants, inter alia on the ground that the suit property admeasuring 1.09 acres was recorded in the name of his father in the year 1980. There was a partition amongst the members of family and a memorandum of partition was reduced into writing on 29.1.1990. The suit house mentioned in Schedule “A” fell in the share of the plaintiff, who spent a huge amount in its renovation. The Tehsildar passed an order of partition on 18.9.1995 but Sub-Divisional Officer (Revenue), Janjgir remanded the matter. Thereafter, the Tehsildar passed a fresh order on 30.6.1997 but failed to consider memorandum of partition dated 29.1.1990. The plaintiff pleaded that he was in possession of the property whereas, the defendants are interfering with his peaceful possession. Defendant No.3 filed a written statement and denied the factum of partition. It was pleaded in the written statement that the plaintiff challenged the order dated 30.6.1997 passed by Tehsildar by filing an appeal before the Sub-Divisional Officer (Revenue) but the