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2026:CGHC:15431 Digitally signed INDRAJEET by INDRAJEET NAFR SAHU SAHU

Date: 2026.04.04

13:23:24 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 367 of 2026

1 - Smt. Mamta Sonkar D/o Shri Ramdular Sonkar Aged About 49 Years W/o Shri Devendra Kumar Sonkar, R/o Baijnath Para, Ward No. 39, Distt. Durg,

Chhattisgarh.

... Petitioner(s)

Versus

1 - Shri Ramdular Sonkar S/o Late Shri Ramnarayan Sonkar Aged About 75 Years R/o Ashwani Nagar, Mahadev Ghat Road, Sonkar Badi, Tehsil And

Distt. Raipur, Chhattisgarh.

2 - Shri Akhilesh Sonkar S/o Shri Ramdulare Sonkar Aged About 47 Years R/o Ashwani Nagar, Mahadev Ghat Road, Sonkar Badi, Tehsil And Distt.

Raipur, Chhattisgarh.

3 - Shri Nitesh Sonkar S/o Shri Ramdulare Sonkar Aged About 43 Years R/o Ashwani Nagar, Mahadev Ghat Road, Sonkar Badi, Tehsil And Distt. Raipur,

Chhattisgarh.

4 - Smt. Aarti Shakar D/o Shri Ramdulare Sonkar Aged About 51 Years W/o Shri Mahendra Shakar, R/o Quarter No. 18/f Road, 32, Sector 10, Bhilai,

Distt. Durg, Chhattisgarh.

5 - Smt. Archana Sonkar D/o Shri Ramdulare Sonkar Aged About 45 Years W/o Shri Kavi Sonkar, R/o Ashwani Nagar, Mahadev Ghat Road, Sonkar

Badi, Tehsil And Distt. Raipur, Chhattisgarh.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Ms. Nupoor Sonkar, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

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02.04 . 202 6

1. Heard.

2. The present under Article 227 of the Constitution of India has been filed

by the petitioner against the order dated 11.03.2026 passed by IIIrd Additional District Judge, Raipur, in Misc. Civil Appeal No.25/2026

whereby the appeal of the petitioner has been dismissed.

3. The facts of the case are that the petitioner is prosecuting a civil suit

before the trial court for declaration of title and permanent injunction over the suit land shown in paragraph 3&4 of the plaint situated at village Raipur. It is pleaded in the plaint that she is daughter of defendant No.1 and the suit land is her ancestral property and along with her brothers and sisters she is having equal right and share over the suit property. To deprive her right from the property, the defendants are trying to alienate the same and the defendant No.1 has already executed a gift deed in favour of defendant No.2&3. Therefore, she filed a suit claiming her title over the property and for permanent injunction. Along with civil suit she also filed an application under Order 39 Rule 1&2 CPC read with Section 151 CPC praying that the defendants may be restrained from alienating the suit property till final adjudication of the suit. The said application for grant of temporary injunction was dismissed by the trial court vide order dated 28.02.2026 holding that the plaintiff has failed to prove prima facie case, balance of convenience and irreparable loss in her favour. The said order dated 28.02.2026 was challenged by the plaintiff in Misc. Appeal before the IIIrd Additional District Judge, Raipur, which was also dismissed vide

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order dated 11.03.2026 and the same is under challenge in the present

writ petition.

4. Learned counsel for the petitioner would submit that the plaintiff is

having equal right and title over the suit property along with other defendant, however, the defendants No.2&3 in whose favour the defendant No.1 has executed the gift deed, are going to alienate the property and if during pendency of the suit they alienate the suit property to any third person, it will create multiplicity of litigation and reversion of possession from them would be very difficult. Therefore, the impugned order may be set aside and the respondents may be

restrained to alienate the suit property till final adjudication of the suit.

5. I have heard the counsel for the petitioner and perused the material

annexed with the petition.

6. From perusal of document it transpires that the defendants are denying

the right and title of the plaintiff over the suit property and also stated that she is not in possession of the sam