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2026:CGHC:15440 SOURABH BHILWAR NAFR

Digitally signed by SOURABH BHILWAR HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.04.06 14:26:51 +0530

Judgment reserved on 24-03-2026 Judgment delivered on 06-04-2026

MA No. 34 of 2024

1 - Ajay Kumar S/o Late Sahdev Prasad Dewangan Aged About 57 Years R/o Kumharpara, Juna Bilaspur, Police Station- City Kotwali,

Tahsil And District- Bilaspur, Chhattisgarh.

2 - Manoj Kumar S/o Late Sahdev Prasad Dewangan Aged About 49 Years R/o Kumharpara, Juna Bilaspur, Police Station- City Kotwali,

Tahsil And District- Bilaspur, Chhattisgarh.

3 - Laxmi Prasad Dewangan S/o Late Jivanlal Dewangan Aged About 72 Years R/o Puspanjali Nagar, Karabala Road, Bilaspur, Police Station-

City Kotwali, Tahsil And District- Bilaspur, Chhattisgarh.

4 - Jitendra Kumar Dewangan S/o Laxmi Prasad Dewangan Aged About 42 Years R/o Puspanjali Nagar, Karabala Road, Bilaspur, Police Station-

City Kotwali, Tahsil And District- Bilaspur, Chhattisgarh.

5 - Ravi Kumar S/o Late Santram Dewangan Aged About 41 Years R/o Kumharpara Santi Lodge Marg, Juna Bilaspur, Police Station- City

Kotwali, Tahsil And District- Bilaspur, Chhattisgarh.

6 - Shrikant S/o Late Santram Dewangan Aged About 39 Years R/o

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Kumharpara Santi Lodge Marg, Juna Bilaspur, Police Station- City Kotwali, Tahsil And District- Bilaspur, Chhattisgarh.

... Appellant (s)

versus

1 - Ajay Sidara S/o Late Hariram Sidara Aged About 38 Years R/o Maharani Vidyalay, Dayalband Bilaspur, Tahsil And District Bilaspur,

Chhattisgarh.

2 - Khagendra Manhar S/o Sevakram Manhar Aged About 58 Years R/o Bharti Nagar Chowk, Bilaspur, Owner Of Astha Petrol Pump Vyapar

Vihar Road, Tahsil And District- Bilaspur, Chhattisgarh.

3 - State Of Chhattisgarh Through Collector Bilaspur, Chhattisgarh.

4 - Jai Jinas S/o Late Pratap Singh Jinas Aged About 65 Years R/o Near About Tifra Over Bridge, Jarhabhata Raipur Road, Behind Hotel

Platinum Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh.

5 - Vinay Kumar Saluja S/o Mahendra Saluja Aged About 56 Years R/o Gandhi Chowk Bilaspur, Proprietor Hotel Celebrity Bilaspur, Tahsil And

District Bilaspur, Chhattisgarh.

6 - Harsha Rana W/o Tishu Rana Aged About 45 Years R/o Tifra Bilaspur, Landmark Chandela Vihar Priydarshniya Nagar Bilaspur,

Tahsil And District- Bilaspur, Chhattisgarh.

…. Respondent(s)

(Cause title is taken from CIS)

For Appellants : Mr. Ashok Kumar Shukla, Advocate alongwith Mr. Amit Kumar and Mr. Vikas

Ghritlahre, Advocates For Respondents No. 1 :

Mr. B.P. Sharma, Advocate alongwith Mr. K.N. Singh, Advocate

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For Respondent No.6 Mr. Curtis Collins, Advocate For State : Mr. Anand Gupta, Dy. Govt. Advocate

Hon'ble Shri Justice Bibhu Datta Guru

C A V Judgment

1. The present appeal has been filed by the plaintiffs under Order 41

Rule 1 of the Code of Civil Procedure, 1908, assailing the judgment dated 20.03.2024 passed by the learned 6^th Additional District Judge, Bilaspur (C.G.) in Civil Appeal No. 29-A/2022 (Ajay Sidara vs. Ajay Kumar & Ors.), reversing the judgment and decree dated 19.08.2016 passed by the learned 4^th Civil Judge, Class-I, Bilaspur (C.G.), in Civil Suit No.37-A/2011 (Ajay Kumar & Others v Khagendra Manhar & Others), whereby the civil appeal filed by one Ajay Sidara (who was not impleaded as a party in the civil suit) was allowed and the judgment and decree of the trial Court is set aside by the learned First Appellate Court and the case is remanded back to the trial Court for fresh adjudication with a direction to restore the civil suit to its original number, affording the parties opportunity of hearing and to adduce evidence. For the sake of convenience, the parties shall hereinafter be referred to

as per their status before the Trial Court.

2. In the present case, a third party, namely Ajay Sidara, who was

not impleaded as a party in the original civil suit, preferred an appeal under Section 96 of the CPC before the learned First Appellate Court. It was contended by him that the suit property had initially been sold by defendan