2026:CGHC:15688 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by JYOTI JYOTI SHARMA SHARMADate: Judgment reserved on 30-03-2026

2026.04.07

17:31:09 +0530 Judgment delivered on 07-04-2026 MA No. 155 of 2025

1. Nirmal Kumar Samuel (Dead)

2 . Smt. Jyotsna Lall, W/o Colonel J.J. Lall, Aged About 66 Years R/o 12/738, Jarhabhata, Behind Delhi Battery (Now Demolished) (Wrongly Mentioned As Behind Empty Space Battery), Tehsil And District Bilaspur, Chhattisgarh.

3 . Nitesh Kumar Samuel, S/o Nirmal Kumar Samuel Aged About 59 Years R/o 10/882, Dasgali, Mother Teresa Ward No. 10, Manjhavapara, Jarhabhata, Bilaspur, Chhattisgarh.

... Appellant(s)

versus

1. Atul Kumar Shukla S/o Sudama Shukla, Aged About 52 Years R/o Jarhabhata, Green Park Colony, Tehsil And District Bilaspur, Chhattisgarh.

2 . Nalin Kumar Samuel, S/o Nirmal Kumar Samuel, Aged About 68 Years R/o 10/882, Dasgali Mother Teresa Ward No. 10, Manjhavapara, Jarhabhata, Bilaspur, Chhattisgarh.

3. Sub Registrar, Registration Office, District Bilaspur, Chhattisgarh.

4. State Of Chhattisgarh Through District Magistrate, Bilaspur, Chhattisgarh.

... Respondent(s)

Hon'ble Shri Bibhu Datta Guru, Judge

C A V Judgment

1. The appellants/plaintiffs have preferred the present appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, being aggrieved by the order dated 05.07.2025 passed by the learned 2^nd Additional District Judge, Bilaspur (C.G.) in Civil Suit (A) No. 114/2025 (Nirmal Kumar Samuel & Ors. Vs. Atul Kumar Shukla & Ors.) whereby the learned trial Court rejected the application filed by the appellants/plaintiffs under Order 39 Rules 1 & 2 r/w Section 151 of CPC.

2. The plaintiffs/appellants have instituted a civil suit against the defendants/respondents seeking declaration, permanent injunction and cancellation of the sale deed in respect of Nazul land bearing Sheet No. 05, Plot No. 34/6, admeasuring 6932 sq. ft., situated at Mouza Jarhabhatha, Nazul R.N.M. Bilaspur, Tahsil and District Bilaspur, within the limits of Municipal Corporation Bilaspur, Ward No. 12 (Mother Teresa Nagar), near Rajiv Gandhi Chowk towards the New Tifra Bridge and abutting the main road (hereinafter referred to as ‘the suit property’). According to the plaint, the suit property is the self-acquired property of plaintiff No.1 (now dead), who was nonagenarian and was suffering from serious visual impairment.

3. It is the case of the plaintiffs that deceased plaintiff No.1 had orally partitioned the suit property amongst his children plaintiff Nos.2 & 3 and defendant No.2, pursuant to which each of them came into possession of their respective portions. As per the map annexed with the plaint (Schedule “A”), the entire property is shown within the boundaries marked as अ.ब.स.द. It is further pleaded that on the west side of the property adjoining the main road four shops have been constructed, while towards the east side there exists a residential house and open land in the middle portion. According to the plaintiffs, under the said oral arrangement, plaintiff No.2 was allotted the portion marked अ ब. ई. फ consisting of a residential house and some open land admeasuring about 3215 sq. ft. Plaintiff No.3 was allotted the portion marked य.फ.र.द consisting of two constructed shops along with open land admeasuring about 1650 sq. ft., situated towards the southern side adjoining a lane. The portion marked ई. य. स. र consisting of shops and open land admeasuring about 1600 sq. ft. was allotted to defendant No.2. It is pleaded that although the parties are in possession of their respective portions in accordance with the oral partition, the revenue records continue to stand in the name of deceased plaintiff No.1 as the partition was not formally recorded. The plaintiffs have further pleaded that plaintiff No.1 had executed a gift deed dated 23.01.2018 in favour of defendant No.2 in respect of his portion, however the same could not be registered on that date and subsequently the registration could not be c