Digitally signed by 2026:CGHC:14590-DB SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 188 of 2025

1 - Shri Ved Dev Verma S/o Chova Ram Verma Aged About 42 Years R/o Panchshil Clubpara, Ward No. 19, City Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

2 - Shri Bhekh Dev Verma S/o Chova Ram Verma Aged About 40 Years R/o Panchshil Clubpara, Ward No. 19, City Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

3 - Shri Shamendra Dev Verma S/o Chova Ram Verma Aged About 38 Years R/o Panchshil Clubpara, Ward No. 19, City Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

4 - Shri Chovaram Verma S/o Shri Mangluram Aged About 64 Years R/o Panchshil Clubpara, Ward No. 19, City Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

... Petitioner(s)

versus

1 - Smt. Pushpadevi Awasthi W/o Late Shri Prakashchandra Awasthi Aged About 66 Years R/o Appu Chowk, Nayapara, Near Electricity Board Office, Raipur City, Tahsil And District Raipur, Chhattisgarh.

2 - Shri Chhabi Ram Chandrakar Dead Through Lrs.

2.1 - (A). Shri Gautam Chandrakar S/o Late Chhabiram Chandrakar Aged About 59 Years R/o Near The House Of Premchand Verma, Near Canal, Clubpara, Panchshil Ward, City Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

2.2 - (B) Shri Anuj Chandrakar S/o Late Chhabiram Chandrakar Aged About 57 Years R/o Chandrakar Kirana Store, Millennium Chowk, Sundar Nagar, City Raipur, Tahsil And District Raipur, Chhattisgarh.

... Respondent(s)

(Cause-title is taken from Case Information System)

For Appellants : Mr. Siddharth Pandey, Advocate (Division Bench)

(Hon’ble Shri Justice Sanjay S. Agrawal Hon'ble Shri Justice Amitendra Kishore Prasad)

Order On Board

27.03.2026 Per; Amitendra Kishore Prasad, Judge

1. The present appeal has been filed by the appellants being aggrieved and dissatisfied with the judgment and decree dated 30.10.2023 passed by the learned I^st Additional District Judge, Mahasamund (C.G.) in Civil Suit No. 15A/2016 in the matter of Smt. Pushpadevi Awasthi vs. Shri Ved Dev Verma and others, whereby the learned trial Court has allowed and decreed the suit in favour of the plaintiff. Hence, the present appeal has been preferred seeking setting aside of the impugned judgment and decree in the interest of justice.

2. The facts, in brief, giving rise to the present appeal are that the plaintiff/respondent No.1 instituted Civil Suit No. 15A/2016 before the Court of learned I^st Additional District Judge, Mahasamund, seeking declaration, permanent injunction and consequential reliefs. The plaintiff sought declaration that three registered sale deeds dated 09.12.2013, allegedly executed by defendant No.4/respondent No.2 in favour of defendants No.1, 2 and 3 (present appellants No.1, 2 and 3), are null and void, illegal and not binding upon her rights. The plaintiff further claimed that the suit property bearing Khasra No. 2017/1/24 admeasuring 5000 sq. ft. (0.045 hectares), situated at Club Para, Tahsil and District Mahasamund, is owned and possessed by her, and prayed for a decree of permanent injunction restraining the defendants from interfering with her peaceful possession. The case of the plaintiff/respondent No.1 was that she is the absolute owner and in possession of the suit land, which she had received through a registered gift deed dated 16.04.1993 executed in her favour by one Bharat Lal Sahu, who had earlier acquired the property through a registered sale deed dated 06.02.1970 from defendant No.4/respondent No.2. It was pleaded that ever since the execution of the gift deed, the plaintiff has remained in peaceful possession of the land, having constructed a boundary wall and installed a gate over the same. It was further alleged that since the plaintiff was residing at Raipur, defendant No.4/respondent No.2 and defendant No.5/appellant No.4 started harassing her with an intention to grab the suit land by instituting false cases and creating obstructions. The plaintiff further pleaded that earlier litigatio