2026:CGHC:11813 JYOTI SHARMA JYOTI SHARMA Date: 2026.03.13 17:28:07 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 195 of 2025 Dashrath Ram Marar S/o Late Dharamram Marar Aged About 62 Years R/o Village Katangikala, Tahsil Khairagarh, District- Rajnandgaon, (Now District Khairagarh-Chhuikhadan-Gandai), C.G.

--- Appellant(s)

versus

1. Gangaram Marar, S/o Jageram Marar Aged About 28 Years R/o Katangikala, Tahsil Khairagarh, District- Rajnandgaon, C.G. (Now District Khairagarh-Chhuikhadan-Gandai), C.G.

2. Mrs. Bisantin Bai, D/o Jageram Marar, W/o Jeevan Marar Aged About 35 Years R/o Village Thakurtola, Tehsil Chhuikhadan, District Rajnandgaon, C.G. (Now District Khairagarh-Chhuikhadan-

Gandai), C.G.

3. Mrs. Lalita Bai D/o Jageram Marar, W/o Pinturam Marar Aged About 32 Years R/o Village Hatbanja, Tehsil Chhuikhadan, District Rajnandgaon, C.G. (Now District Khairagarh-Chhuikhadan-

Gandai), C.G.

4.Raghuveer S/o Jageram Marar Aged About 25 Years R/o Village Katangikala, Tahsil Khairagarh, District- Rajnandgaon, C.G. (Now District Khairagarh-Chhuikhadan-Gandai), C.G.

5. Phuliya Bai W/o Late Jageram Marar Aged About 55 Years R/o Village Katangikala, Tahsil Khairagarh, District- Rajnandgaon, C.G.

(Now District Khairagarh-Chhuikhadan-Gandai), C.G.

6. State Of Chhattisgarh Through Collector, District- Rajnandgaon, (Now District Khairagarh-Chhuikhadan-Gandai), C.G.

--- Respondent(s)

MA No. 197 of 2025 Dashrath Ram S/o Late Dharamdas Marar Aged About 66 Years R/o Village Katangikala Tahsil Khairagarh, District- Rajnandgaon, (Now District - Khairagarh - Chhuikhadan - Gandai (C.G.)

(Defendant No. 1)

- --Appellant(s)

Versus

1. Jangluram S/o Late Dhansingh Aged About 60 Years R/o Village Katangikala Tahsil Khairagarh, District- Rajnandgaon, (Now District - Khairagarh - Chhuikhadan - Gandai (C.G.) (Plaintiff)

2. State Of Chhattisgarh Through Collector, District- Rajnandgaon, (Now District - Khairagarh - Chhuikhadan - Gandai (C.G.)

--- Respondent(s)

For Appellants :Mr. T.K. Jha, along with Mr. Parth Jha, Advocate For Respondent No.1 :Mr. Siddharth Pandey, Advocate For Respondent No.2/ State :Mr. Anand Gupta, Dy. G.A.

Hon'ble Shri Bibhu Datta Guru , J Judgment on Board

12.03.2026

1. Since both the appeals have been filed by the same appellant/

defendant, they are being considered and decided together by this common judgment.

MA No. 195/2025:-

2. By the present appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for brevity ‘the CPC’), the appellant/defendant is challenging the impugned judgment and decree dated 25.10.2024 passed by the learned District Judge, Khairagrah, C.G. in Civil Appeal No.02-A/2019 (Gangaram Marar & Ors. Vs. Dashrath Ram & Anr.), whereby the judgment and decree passed by the learned Civil Judge, Class- I in Civil Suit No.01A/2014 dated 08/02/2019 (Gangaram Marar & Ors. Vs. Dashrath Ram & Anr.) has been set-aside and the matter has been remanded to the trial Court for fresh adjudication.

3. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

4. The plaintiff preferred the suit seeking declaration of title, recovery of possession by removal of encroachment, permanent injunction and compensation at the rate of Rs.1000/- per year till restoration of possession along with costs pleading inter alia that the suit land bearing Khasra No. 387/2, admeasuring 0.04 decimal, situated at Village Katangikala, P.H. No. 3, R.N.M. Pandadah, Tehsil Khairagarh, as described in Schedule-A annexed to the plaint, is the ancestral property of the plaintiffs and stands recorded in their names in the revenue records including B-1 and Khasra Panchshala. The plaintiffs were in possession of the said land and had constructed a stone boundary wall and fencing and used the land as a garden by growing vegetables. It is alleged that defendant No. 1 illegally encroached upon 0.03 decimal of the suit land, as shown in red ink in Schedule-B, demolished the plaintiffs’ hut and fencing, and started construc