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2026 Supreme(Online)(Chh) 12971

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SURESH KUMAR SAHU – Appellant
Versus
SUSHMA SAHU – Respondent
CR/72/2026



Digitally signed 2026:CGHC:12502 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 72 of 2026

1 - Suresh Kumar Sahu S/o Maganlal Sahu Aged About 49 Years R/o Near Memoriyal School, Tarbahar, Sirgitti, Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Applicant versus

1 - Sushma Sahu W/o Late Dinesh Sahu Aged About 48 Years R/o Mahima Nagar, Sirgitti, Bilaspur, Distt. Bilaspur, Chhattisgarh.

2 - Sushma Pandey R/o Shivvihar Mahmand, P.O. Mahmand, Bilaspur, Distt. Bilaspur,chhattisgarh.

3 - Mangal Bai Lahre R/o Gurughasidas Mandir Ke Pas, Tarbhar, Bilaspur, Distt. Bilaspur, Chhattisgarh.

4 - Md. Ikramul Hak R/o Rani Laxmi Nagar, Near Garibnvaj Masjid, Bilaspur, Tahsil And Distt. Bilaspur, Chhattisgarh.

5 - Jitendra Kumar Dewangan R/o Village Semra, P.O. Semra, Tehsil Nagari, Distt. Dhamtari, Chhattisgarh.

6 - Anita Nirmalkar R/o Village Nariyara, P.O. Nariyara, Akaltara, Distt.

Janjgir Champa, Chhattisgarh.

7 - Sanjay Tripathi R/o Village Nariyara, P.O. Akaltara, Distt. Janjgir Champa, Chhattisgarh.

8 - Shiv Kumar Nirmalkar R/o Katiyapara, Juna Bilaspur, Tahsil And Distt. Bilaspur, Chhattisgarh.

9 - Ayush Nirmalkar R/o Village Nariyara, P.O. Nariyara, Akaltara, Distt.

Janjgir Champa, Chhattisgarh.

10 - Nitesh Kumar Rathor R/o Village Nariyara, P.O. Nariyara, Akaltara, Distt. Janjgir Champa, Chhattisgarh.

11 - Asha Devi Rathor R/o Village Nariyara, P.O. Nariyara, Akaltara, Distt. Janjgir Champa, Chhattisgarh.

12 - Anjulata Karsh R/o Village Rajpur, P.O. Rajpur, Tahsil Takhatpur, Distt. Bilaspur, Chhattisgarh.

13 - State Of Chhattisgarh Through Collector, Bilaspur, Distt. Bilaspur, Chhattisgarh.

... Respondent(s)

(Cause-title is taken from Case Information System) For Applicant : Mr. Anand Kesharwani, Advocate For State : Mr. Ashutosh Shukla, Panel Lawyer (Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

16/03/2026

1. The applicant has preferred the present revision petition under Section 115 of the Code of Civil Procedure being aggrieved by order dated 06.12.2025 (Annexure A-1), passed by the learned 6th District Judge, Bilaspur, District Bilaspur (C.G.), in Civil Suit (A) No. 108/2024, whereby the application filed by defendant No. 1 under Order VII Rule 11(a) and (c) read with Section 151 of the Code of Civil Procedure, 1908 has been rejected, hence, the present revision is being preferred.

2. The facts of the case, in brief, are that the plaintiff/non-applicant No. 1 instituted a civil suit seeking declaration of title, permanent injunction, partition, and possession against the present applicant (defendant No. 1) and non-applicant Nos. 2 to 13. As per the averments made in the plaint, the plaintiff is the sister-in-law (bhabhi) of defendant No. 1/applicant, and the husband of the plaintiff and the applicant are real brothers. It is further averred that the plaintiff and her husband had jointly purchased certain immovable properties bearing Khasra No. 78/12, admeasuring 0.344 hectare, and Khasra No. 85/2, admeasuring 0.1940 hectare, situated at Village Kadar, P.H. No. 07, Tahsil Belha, District Bilaspur (C.G.), from one Anjor Bai vide a registered sale deed dated 08.02.2021, and their names were subsequently mutated in the revenue records as owners. It is further the case of the plaintiff that her husband, namely Dinesh Sahu, died on 19.04.2021. After his death, the name of the plaintiff came to be recorded in the revenue records along with the name of her brother-in-law (devar), i.e., the present applicant. The plaintiff has further stated that, upon the request of the applicant, she executed a power of attorney dated 23.02.2022 in his favour, authorizing him to deal with and sell the suit property. The plaintiff has further alleged that after obtaining the said power of attorney, the applicant/defendant No. 1, without informing her, proceeded to sell the suit properties to defendant Nos. 2 to 12 by executing separate sale deeds. Upon gaining knowledge of the said transactions, the plaintiff filed the aforesaid civil suit

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