Shanta Meshram (Died) Through ... vs Sevakram Masih (Died) Through ...
2022 Latest Caselaw 6542 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                               Order Sheet

                                      First Appeal No. 21 of 2009

                      Sanjay Meshram & another Versus Anjana Masih & others



                   Mr. Parag Kotecha, counsel for appellants.
02.11.2022
                   Mr. Ashok Kumar Swarnkar, counsel for respondents 1a to 1d.

Mr. Avinash K. Mishra, G.A. for State/respondent no.3.

The present is a first appeal preferred by the defendant assailing the judgment and decree dated 17.12.2008 passed by the Additional District Judge (FTC), Korba in Civil Suit No.06A/2007. Vide the impugned judgment and decree, a suit for declaration and permanent injunction has been allowed in favour of the plaintiff declaring him to be the title holder of 0.10 acres i.e. 10 decimals of land which was purchased by his father from defendant no.2 vide registered sale deed dated 09.07.1959.

The suit while being decreed the Court below has reached to the specific finding that the plaintiff was able to establish his right and title over 0.10 acres of land in Khasra No.874/1 at Sarvmangla Road, Ward No.2, Korba. Further the Court below has held that though the defendant no.1 has claimed right and title over 0.14 acres of land but in fact it is not 0.14, it could only be 0.09 acres land.

From reading of the averments made in the impugned judgment as also the evidence that has come on record by the plaintiff as also by the defendant no.1, there seems to be no quarrel so far as the purchase of 10 decimals of land by the plaintiff vide registered sale deed dated 09.07.1959 is concerned It appears to be a sheer boundary dispute between plaintiff and defendant no.1.

Today, when the matter is taken up for hearing, learned counsel appearing for the appellants i.e. the LRs of defendant no.1 as also learned counsel for the respondents 1a to 1d i.e. the LRs of the plaintiff make a proposal for demarcation of the property belonging to the plaintiff of 10 decimals of land in Khasra No.874/1 in terms of the boundary as is evident from the sale deed as also in terms of the map attached to the plaint so as to reduce the dispute if any left between the plaintiff and the defendant no.1.

Given the said facts and circumstances of the case, this Court is of the opinion that as of now it would be in the larger interest of justice if the suit property i.e. 0.10 acres of land in Khasra No.874/1 situated at Sarvmangla Road, Ward No.2, Korba belonging to the plaintiff is demarcated and a report in this regard is produced before this Court.

Learned Govt. Advocate appearing for the respondent no.3 is therefore requested to take immediate steps by instructing necessary revenue authorities in getting the suit property of the plaintiff of 0.10 acres demarcated in accordance with law and submit a report before this Court within a period of four weeks.

Considering the short period that is being provided to the authorities for demarcation, the appellants as well as the respondents 1a to 1d are directed to make themselves present before the office of the District Collector i.e. the respondent no.3 on 10th November, 2022. The Collector in turn shall further ensure that necessary steps for demarcation are ordered and got executed at the earliest preferably within a further period of two weeks starting from 10 th November, 2022 and the demarcation report be submitted through the office of the Advocate General by 1st December, 2022.

Let this matter be listed for hearing on 6th December, 2022 in List-1.

Certified copy today.

Sd/-

(P. Sam Koshy) JUDGE

Khatai