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2026:CGHC:14149 NAFR

Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.03.25 19:27:33 +0530

REVP No. 81 of 2026

1 - Pal Sai S/o Gyan Sai Aged About 69 Years R/o Village Kerju, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh 2.1.1 - Jaspal Singh S/o Late Anil Singh Aged About 35 Years R/o Baneya, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh 2.1.2 - Ganesh S/o Late Anil Singh Aged About 30 Years R/o Baneya, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh 2.2 - Chhabil Sai (Dead Through Lrs) As Per Honble Court Order Dated 30-

01-2025

2.2.1 - Murchhand Singh S/o Late Chhabil Sai Aged About 46 Years R/o Occupation - Agriculturist, R/o Village Kerju, Tahsil Sitapur, District Surguja

Chhattisgarh

2.2.2 - Deelip Kumar S/o Late Chhabil Sai Aged About 29 Years R/o Occupation - Agriculturist, R/o Village Kerju, Tahsil Sitapur, District Surguja

Chhattisgarh

2.2.3 - Dulari Bai W/o Late Chhabil Sai Aged About 65 Years R/o Village Kerju, Tahsil Sitapur, District Surguja Chhattisgarh 2.2.4 - Chintamani W/o Prem Singh, D/o Late Chhabil Sai Aged About 34 Years R/o Village Jamnimuda, Raja Ama, Tahsil Pathalgon, District Jashpur

Chhattisgarh

2.2.5 - Geeta W/o Dev Kumar, D/o Late Chhabil Sai Aged About 30 Years R/o Village Sokhapara, Kodekela, Gharjiabathan, Tahsil Pathalgon, District Jashpur Chhattisgarh 2.3 - Bad Sai S/o Late Prasann Ram Aged About 55 Years R/o Faradbahar, P.S. And Tahsil Jashpur, Distt. Jashpur Chhattisgarh 2.4 - Chamar Sai S/o Late Ram Sai Aged About 57 Years R/o Kerju, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh 2.5 - Neelamber S/o Late Ram Sai Aged About 55 Years R/o Kerju, P.S. And

Tahsil Sitapur, Distt. Surguja Chhattisgarh ... Petitioner(s)

versus

1 - 1.1 Girvar S/o Hawal Sai Aged About 61 Years R/o Kerju, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh 1.2 - Hirdan S/o Hawal Sai Aged About 52 Years R/o Kerju, P.S. And Tahsil Sitapur, Distt. Surguja Chhattisgarh, District Surguja Ambikapur Chhattisgarh 2 - State of Chhattisgarh Through Collector, Ambikapur, Distt. Surguja

Chhattisgarh, District Surguja (Ambikapur), Chhattisgarh ... Respondent(s)

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(Cause-title taken from Case Information System)

For Petitioners : Shri S.A. Ansari, Advocate.

For State : Ms. Richa Sahu, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

24.03 . 202 6

1. The present review petition has been filed seeking review of the

judgment dated 23.02.2026 passed by this court in Second Appeal No.204 of 2014 whereby the appeal filed by the appellants have been

dismissed.

2. Learned counsel appearing for review petitioners would submit that

only on the basis of oral evidence the issue of limitation has been decided whereas there should be any document on record produced by the plaintiffs to prove his case with respect to limitation to file the suit. The defendants are in possession of suit land since 1951-52 and the suit has been filed in the year, 1989 which is apparently barred by limitation. The dispute arose between the parties in the year, 1962 which has not been properly considered by the the court while deciding the Second Appeal. Therefore, the impugned judgment requires review

and the Second Appeal be reheard on merits.

3. I have heard the counsel for review petitioners and gone through the

judgment as well as record of the case.

4. The issue raised herein by the review petitioners had already raised by him in Second Appeal and the same was adequately dealt with by this court in its judgment paragraph 13 holding that long possession since 1954-55 and reliance on mutation entries does not advance the appellant’s case; the evidence including testimony relied upon by them indicate initial possession

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was permissive in nature and relying upon the judgment in case of Suraj Bhan Vs. Financial Commissioner, 2007(6)SCC186 the court held that mutation entries are fiscal in character and do not confer or extinguish title. In any case, from the plea