2026:CGHC:17022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 436 of 2026

1 - Snehlata Reddy W/o. Late Shri Suryprakash Reddy Aged About 68 Years R/o. Jecob Chal, Link Road Bilaspur Tahsil And District- Bilaspur (C.G.) 2 - Dharmendra Reddy S/o. Late Shri Suryprakash Reddy Aged About 43 Years R/o. Jecob Chal, Link Road Bilaspur Tahsil And District- Bilaspur (C.G.) 3 - Dheerendra Reddy S/o. Late Shri Suryaprakash Reddy Aged About 41 Years R/o. Jecob Chal, Link Road Bilaspur Tahsil And District- Bilaspur (C.G.) 4 - Megha Reddy D/o. Late Shri Suryprakash Reddy Aged About 40 Years R/o. Jecob Chal, Link Road Bilaspur Tahsil And District- Bilaspur (C.G.)

... Petitioner(s)

Versus

1 - Rahul Bajpai S/o. Late Shri Rohni Kumar Bajpai Aged About 68 Years R/o. Bajpai House, Jail Road Near Brihaspati Bazar Bilaspur Tahsil And District-

Bilaspur (C.G.)

2 - State of Chhattisgarh Through Collector Bilaspur District Bilaspur (C.G.)

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Shri Suresh Pandey, Advocate.

For State : Ms. Isha Jajodiya, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

13.04 . 202 6

1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioners against the impugned order dated 18.03.2026 passed by Second District Judge, Bilaspur, in Civil Suit No.374-A/2025 whereby the application filed by the petitioners under Order 8 Rule 1A of the Code of Civil Procedure ( in short, the CPC) has been rejected.

2. Brief facts of the case are that, the petitioners are defendants No.1 to 4 before the trial court where the present respondent No.1 is prosecuting a civil suit for specific performance of contract. It is pleaded in the plaint that the suit land Khasra No.616/1 Area 0.284 Hect./0.70 Acre, situated at Juna Bilaspur (Jacob Chall), Tehsil and District Bilaspur, is recorded in revenue records in the names of husband of defendant No.1 and father of defendants No.2 to 4. Out of total 0.70 Acre of land, the husband of defendant No.1 and father of defendants No.2 to 4 namely Surya Prakash Reddy entered into an agreement with the mother of plaintiff Smt. Chandrakanti Bajpai to sale 8720 Sq.ft. of land on 31.12.2007 for a total consideration of Rs.19,11,000/-, out of which an amount of Rs.15,11,000/- was given as advance. Subsequently, Surya Prakash Reddy died and an amount of Rs.6,00,000/- more was obtained by the defendants time to time and thus the defendants have already obtained Rs.21,11,000/-. Subsequent to that, the agreement was renewed and its sale consideration was enhanced up to Rs.29,50,000/- and the remaining amount of Rs.8,50,000/- was agreed to be paid at the time of registration of sale deed. Since the mother of plaintiff was suffering from various ailment, the subsequent agreement dated 29.09.2023 was executed with the plaintiff.

It is also pleaded in the plaint that the plaintiff had served a legal notice to the defendants on 10.10.2017 and 24.12.2024 and requested for registration of the sale deed. The conditions of agreement was again renewed and sale consideration was again enhanced on 10.03.2025 which was extended up to total remaining amount of Rs.9,05,000/-. Since the defendants could not execute the sale deed, the plaintiff filed civil suit for specific performance of contract. It is also the case of the petitioners that during pendency of the civil suit, the parties entered into a compromise and the defendants were ready to execute the sale deed in favour of plaintiff and in furtherance thereof a sale deed was executed by the defendants on 04.06.2025, however, the Sub Registrar considered that the sale deed was undervalued and referred it for proper valuation of the property and for stamp duty to Collector Stamp by invoking the powers under Section 47-A of The Indian Stamp Act, 1889, where the matter is pending for its consideration. Before the trial court, a compromise application was filed under Order 23 Rule 3 C