Order on Board

16/12/2021

1. The instant writ petition under article 227 of the Constitution of India has been preferred against the order dated 14/02/2019 passed in Civil Suit No. 90A/16 by the 6th Additional District Judge, Bilaspur whereby the application filed by the petitioner under Order 26 Rule 9 read with 151 of the CPC has been rejected.

2. Brief facts of the case are that the petitioner/plaintiff is title holder of agricultural land bearing Khasara No. 77/3 and 77/4, admeasuring 0.65 acres situated at village Dadha Bodri which was purchased through registered sale-deed dated 28/01/2010 from Prahalad S/o Sakhkhu who was owner and in possession of the said land. The respondent No.1/defendant No.1 is owner of the land bearing Khasara No. 118/1. Respondent No.1 encroached some portion of the land of the petitioner, when the State authority were going to construct road over the land of the petitioner therefore, she filed a civil suit for declaration, permanent injunction and for recovery of possession. In the said suit, defendant No.1/respondent No.1 denied the assertion of the plaintiff and created dispute about the identity of boundary of the suit land. After completing the pl