1 2025:CGHC:45190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 300 of 2020 1. Vishnu Ram S/o Late Kaher Singh Dewangan Aged About 56 Years Through Its Power Of Attorney Holder Anish Kumar S/o Vishnu Ram Dewangan, Aged About 25 Years, R/o Qr. No. 22, Block No. 3, B - Town, Shivnandani Nagar, Dhamdha, Tehsil Dhamdha, District Durg Chhattisgarh., District : Durg, Chhattisgarh 2. Anish Kumar S/o Vishnu Ram Dewangan Aged About 25 Years R/o Qr. No. 22, Block No. 3, B - Town, Shivnandani Nagar, Dhamdha, Tehsil Dhamdha, District Durg Chhattisgarh. (Defendants), District : Durg, Chhattisgarh ... Petitioner(s) versus 1. Purnima Bai W/o Late Chetan Dewangan Aged About 49 Years R/o Village Chichbod, Post Parsada, Tehsil Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 2. Tuleshwar S/o Late Chetan Dewangan Aged About 19 Years R/o Village Chichbod, Post Parsada, Tehsil Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 3. Laxmi D/o Late Chetan Dewangan Aged About 21 Years R/o Village Chichbod, Post Parsada, Tehsil Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 4. Deva Bai W/o Late Kehar Singh Dewangan Aged About 72 Years R/o Village Chichbod, Post Parsada, Tehsil Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 5. Dev Kumar S/o Late Chetan Dewangan Aged About 31 Years R/o Ward No. 63, Shyama Prasad Mukherjee Ward, Bhatagaon, Raipur, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 6. Shiv Kumari D/o Late Chetan Dewangan Aged About 27 Years R/o Village Devarbhat, Tehsil And District Balod Chhattisgarh., District : Balod, Chhattisgarh 7. Ishwari Bai D/o Late Chetan Dewangan Aged About 25 Years W/o Namchand Dewagan, R/o Village And Post Arkaar, Tehsil Gurur, District Balod Chhattisgarh., District : Balod, Chhattisgarh 8. State Of Chhattisgarh Through Collector, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Aditi Singhvi, Advocate For Respondent No. 1 : Mr. Vikash Pandey, Advocate For State : Mr. Vedant Shadangi, P.L Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 04-09-2025 1) By way of this petition, petitioners have challenged the order passed by the learned Civil Judge, Class-I, Gunderdehi, District- Balod in Civil Suit No. 4A/2020 dated 14.11.2019 whereby plaintiffs have been permitted to collect the original documents after withdrawal of civil suit. 2) Facts of the present case are that suit was filed by respondents No. 1 to 3/ plaintiffs for declaration of title, possession and permanent injunction pertaining to suit property mentioned in the plaint. Petitioners/ defendants filed written statement and denied plaint averments. Learned Trial Court framed issues and thereafter, application under Order 23 Rule 1 of CPC was moved by the plaintiffs which was allowed by the Trial Court on 14.11.2019 and further direction was issued to return the original documents to plaintiffs. 3 3) Learned counsel for the petitioners/ defendants submits that plaintiffs had placed on record original documents before the learned Trial Court and prayer was made regarding return of those documents which was allowed by the Trial Court. She further submits that the original documents were part of record, therefore Trial Court ought not to have granted such permission. She contends that such part of order impugned may be quashed. 4) On the other hand, learned counsel appearing on behalf of respective respondents oppose. 5) Heard. 6) Evidently, application under Order 23 Rule 1 of CPC moved by the plaintiffs was allowed by the Trial Court vide order dated 14.11.2019 and at the same time, prayer was made for return of the original documents which was allowed by the Trial Court. Admittedly, those documents were placed on record by plaintiffs themselves and after disposal of civil suit, there was no occasion for the Trial Court to keep those documents on record, therefore plaintiffs were permitted to collect those documents. 7) Taking into consideration the above-discussed facts, in the opinion of this Court, no case is made out to interfere with the order impugned. Consequently, this petition fails and is hereby dismissed. Interim relief granted earlier is hereby vacated. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2025.09.04 14:36:32 +0530