1 2025:CGHC:10183 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 50 of 2025 1 - M/s S K Builders And Developers Bilaspur Through Partner Shyamlal Kanjani, S/o Tejumal Kanjani, Aged About 33 Years, R/o Tikrapara, Bilaspur, Tehsil And District- Bilaspur, (C.G.)(Defendant No. 3) ... Applicant versus 1 - Ajay Kumar S/o Late Feku Ram Aged About 41 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased) 2 - Uttam Kumar S/o Late Feku Ram Aged About 47 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased) 3 - Sanjay Kumar S/o Late Feku Ram Aged About 45 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased) 4 - Shri Kumar S/o Late Feku Ram Aged About 35 Years R/o Village- Bijaur, Tehsil And District- Bilaspur (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased) PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.03.03 15:59:03 +0530 2 5 - Pushpa Rajgir D/o Late Feku Ram Aged About 43 Years R/o Juna Bilaspur, Tehsil And District- Bilaspur, (C.G.)(Legal Heirs Of Late Feku Ram Since Deceased) 6 - Usha D/o Late Feku Ram Aged About 37 Years R/o Village- Bhakhidih, Ratanpur, District- Bilaspur, (C.G.), (Legal Heirs Of Late Feku Ram Since Deceased) 7 - Santosh Banerjee S/o Late Bhuvan Lal R/o Village- Pausra, Ps- Koni, Tehsil And District- Bilaspur (C.G.)(Original Defendant No. 1 (Bhuwan Lal) Legal Heir) 8 - Godavari Bai W/o Shivnath Kariyare Aged About 65 Years Village- Mopka, Ps- Sarkanda, Tehsil And District- Bilaspur (C.G.)(Defendant No. 2) 9 - Kashiram S/o Late Kirpal Banerjee Aged About 70 Years R/o Village- Bijaur, P.S.- Sarkanda, Tahsil And District- Bilaspur (C.G.)(Defendant No. 5) 10 - State Of Chhattisgarh Through Collector- Bilaspur, District- Bilaspur (C.G.)(Defendant No. 4) ... Respondent(s) For Applicant : Mr. Shobhit Koshta, Advocate For State : Mr. Dilman Rati Minj, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 03/03/2025 1. Heard. 3 2. This Civil Revision has been filed assailing the order dated 20.12.2024 passed in Civil Suit No.81A/2022 by the 3rd Additional Judge to the Court of 1st Civil Judge, Junior Division, District Bilaspur (C.G.), whereby the application preferred by the applicant under Order 7 Rule 11 of the CPC has been dismissed. 3. At the outset, learned counsel for the applicant submits that the trial Court has observed that the question of limitation is the mixed question of law and fact and the Suit is not maintainable in view of the proviso to Section 34 of the Specific Relief Act, therefore, he prays that this Revision may be disposed of with liberty to raise all such grounds before the trial Court, while considering the said issue, in accordance with law. 4. Learned counsel for the other side would not oppose the said prayer. 5. In view of the submissions of learned counsel for the parties, the Revision is disposed of with the aforesaid liberty as prayed for. Sd/- (Deepak Kumar Tiwari) Judge Priyanka