2026:CGHC:11197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 13 of 2025 Digitally Om Prakash Bhatt S/o Shri Bans Gopal Bhatt Aged About 62 signed by AMARDEEP AMARDEEPCHOUBEY Years R/-27/vv, Vaishnavi Vihar, Phase-1, Uslapur, P.O.- Sakri, CHOUBEY Date:

2026.03.10

17:19:06 P.S.- Sakri, Tahsil- Bilaspur, Distt.- Bilaspur (Chhattisgarh)

+0530 ... Appellant versus

1 - Sharad Tudu (Dead) Hence Through His Legal Representatives

1.1 - (A) Kavita Tudu W/o Sharad Tudu Aged About 56 Years R/o Jyotipur, P.O.- Pendra Road P.S.- Pendra Road, Now Distt.-

Gourela Pendra Marvahi (Chhattisgarh)

1.2 - (B) Nupur Tudu Alias Sana Tudu D/o Sharad Tudu Aged About 22 Years R/o Jyotipur, P.O.- Pendra Road P.S.- Pendra Road, Now Distt.- Gourela Pendra Marvahi (Chhattisgarh)

2 - Ramchand Agwani (Dead) Hence Through His Legal Representatives-

2.1 - (A) Smt. Agwani W/o Lt. Ram Chand Agwani Aged About 60 Years Resident Of Jyotipur Squire, P.O.- Pendra Road, P.S.-

Pendra Road, Distt.- G.P.M. (Chhattisgarh)

2.2 - (B) Amar Agwani S/o Ramchand Agwani Aged About 40 Years Resident Of Jyotipur Squire, P.O.- Pendra Road, P.S.-

Pendra Road, Distt.- G.P.M. (Chhattisgarh)

2.3 - (C) Kishan Agwani S/o Ramchand Agwani Aged About 40 Years Resident Of Jyotipur Squire, P.O.- Pendra Road, P.S.-

Pendra Road, Distt.- G.P.M. (Chhattisgarh)

2.4 - (D) Rohit Agwani S/o Ramchand Agwani Aged About 25 Years Resident Of Jyotipur Squire, P.O.- Pendra Road, P.S.-

Pendra Road, Distt.- G.P.M. (Chhattisgarh)

3 - Suchandra Tiwari S/o Santosh Tiwari Aged About 38 Years Village- Dhanouli, Tahsil- Pendra Road, P.O.- Pendra Road, P.S.-

Pendra Road, Distt.- G.P.M. (Chhattisgarh)

4 - Herikelip Tudu S/o Samual Tudu Aged About 72 Years R/o Tikarsani (Jyotipur), Tahsil- Pendra Road, P.O.- Pendra Road, P.S.- Pendra Road, Distt.- G.P.M. (C.G.)

--- Respondents For Appellant : Mr. Pravesh Bhatt, Advocate.

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

09.03.2026

1. By the present appeal under Section 100 of the CPC, the appellant/plaintiff challenging the impugned judgment and decree dated 13/08/2024 passed by the learned Additional District Judge, Pendra Road, C.G. in First Appeal No.04A/2019 (Omprakash Bhatt Vs. Sharad Tudu & Ors) arising out of the judgment and decree dated 24/10/2018 passed by the learned Civil Judge Class-I, Pendra Road, C.G. Civil Suit No.34A/2014 (Omprakash Bhatt Vs. Sharad Tudu & Ors . For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs preferred a suit seeking for permanent and mandatory injunction, pleading inter alia that the plaintiff is the owner of land bearing Khasra No. 44, area 0.15 acre, Abadi land, situated at Village Tikarsani, Pendra Road, P.H. No. 23, R.N.M. Gaurela, Tehsil Pendra Road, District Bilaspur. The plaintiff had purchased the said Abadi land on 18.01.1973 from one late Ahmad Hussain for a consideration of Rs. 5,000/-. Earlier, the house of the defendants was situated to the north. The dimensions of the plaintiff’s land are 150 ft. towards east, 150 ft. towards west, 50 ft. towards south, and 19 ft. towards north. It is towards the northern side of the plaintiff’s land the defendants are attempting to take possession. In front of the house, towards the west direction, there is a P.W.D. road, and towards the south direction, there is a lane leading to a pond. There is a courtyard on the northern side of the plaintiff’s house. Behind the plaintiff’s house and after the plaintiff’s land lies the land of the defendants bearing Khasra No. 45/1, which is recorded in the names of the defendants and their relatives. The defendants’ land is situated behind the plaintiff’s land and faces it, while the main road lies to the west of the plaintiff’s land. Because of this, the defendants, by creating disputes or by issuing threats, are eager to connect a direct passage from their house to the main road, and they have repeatedly attempted to do so. The defendants are trying to illegally occupy a portion