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2026:CGHC:10368

Digitally

signed by

JYOTI

JYOTI SHARMA NAFR

SHARMADate:

2026.02.28

10:41:02

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

SA No. 508 of 2017

1. Omkar S/o Jhumuk Dehare, Aged About 43 Years Occupation

Labour, R/o Village Faree, P. O. Beejabhat, P. H. No. 31, P. S.

Tahsil Districrt Bemetara Chhattisgarh., Chhattisgarh

2. Vijay, S/o Jhumuk Dehare, Aged About 41 Years Occupation

Labour, R/o Village Faree, P. O. Beejabhat, P. H. No. 31, P. S.

Tahsil Districrt Bemetara Chhattisgarh.

... Appellant(s)

versus

1. Jhumuk Died Through Legal Heirs-

1.a - Smt. Suruj Bai (Died And Deleted) As Per Honble Court Order

Dated 04-02-2026.

1.b- Smt. Kamla Bai, D/o Late Jhumuk Dahare, Aged About 62

Years W/o Shri Ubaran Chaturvedi, R/o Village Daganiya, P. O.

Devkar, Tahsil Berla, District Bemetara Chhattisgarh.

1.c- Smt. Vimla Bai, D/o Late Jhumuk Dahare, W/o Shri Ferha

Barmatwan, R/o Village Yongikhapri, P. O. Devkar, Tahsil Berla,

District Bemetara Chhattisgarh.

1.d - Smt. Satwantin Bai, D/o Late Jhumuk Dahare, Aged About 40

Years W/o Shri Chandrahas, R/o Village Sirsa, Post Deverbeeja,

Tahsil And Districrt Bemetara Chhattisgarh.

2. Kumar, S/o Late Shri Jhumuk Satnami, Aged About 50 Years

Occupation Cultivator, R/o Village Faree, P. O. Beejabhat, P. H.

No. 31, P. S. Tahsil Districrt Bemetara Chhattisgarh. , District :

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Bemetara, Chhattisgarh

3. Dhruw Kumar, S/o Late Shri Jhumuk Satnami, Aged About 47

Years R/o Village Faree, P. O. Beejabhat, P. H. No. 31, P. S. Tahsil

Districrt Bemetara Chhattisgarh. , District : Bemetara, Chhattisgarh

4. Sanjay, S/o Shri Druw Kumar Satnami, Aged About 21 Years

Occupation Student, R/o Village Faree, P. O. Beejabhat, P. H. No.

31, P. S. Tahsil Districrt Bemetara Chhattisgarh. , District :

Bemetara, Chhattisgarh

5. State Of Chhattisgarh, The Collector, Bemetara, District

Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh

... Respondent(s)

For Appellant(s) : Mr. R.S. Patel, Advocate

For Respondent No. : Mr. Kartik Kathuria on behalf of Mr.

1b, 1c & 1d Kshitij Sharma, Advocate

For Respondent No. : Mr. Lekhram Dhruv, P.L.

5/ State

Hon'ble Shri Bibhu Datta Guru, Judge

Judgment on Board

27.02.2026

1. The plaintiffs/ appellants have preferred this second

appeal under Section 100 of the Code of Civil

Procedure, 1908 (for brevity CPC) against the judgment

& decree dated 22.06.2017 passed by the Learned

Additional District Judge, Bemetara in Civil Appeal No.

02-A/2017 (Omkar & Anr. Vs. Jhumuk & Ors.) affirming

the judgment and decree dated 12.01.2016 passed by

the Trial Court in Civil Suit No. 49A/2014 (Omkar & Anr.

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Vs. Jhumuk & Ors. ) whereby the learned trial Judge

has dismissed the suit of the plaintiffs/ appellants. 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 co-ownership, partition, possession and

permanent injunction pleading inter alia that the

plaintiffs and defendant Nos. 1 to 4 are Hindus

governed by the Mitakshara School of Hindu Law

(Banaras branch). Defendant No. 1, Jhumuk, has four

sons, namely Omkar (plaintiff No. 1), Vijay (plaintiff No.

2), Kumar (defendant No. 2), Dhruw kumar (defendant

No. 3) whereas Sanjay (defendant No. 4) is the son of

Dhruw Kumar. According to the plaintiffs, about 20

years prior to the institution of the suit, defendant No. 1

effected a partition of the suit property and allotted

shares to the plaintiffs and defendant Nos. 2 and 3.

Pursuant to the said partition, the plaintiffs received 38

decimals of “Bhata” land, which they claim to have

developed and made cultivable through their own

efforts. The suit land is stated to be ancestral property,

and after partition the plaintiffs have been in possession

and cultivating their respective shares. It is further

pleaded that defendant No. 1 had earlier sold land in

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excess of his share and, with an intention to adversely

affect the plaintiffs’ share, in collusion with his son

defendant No. 3 and grandson defendant No.4,

execute