1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 257 of 2025  Ramkumar S/o Punau Aged About 53 Years Occupation - Agriculturist, R/o Ward No. 1, Matapara Navagrh, Tahsil - Navagarh, District - Bemetara Chhattisgarh (Defendant No. 1) ... Petitioner(s) versus 1. Sukwaro Bai @ Kunj Bai W/o Umaskankar Aged About 68 Years Caste - Satnami, Occupation - House Wife, R/o Ward No. 1 Matapara Navagrh, Tahsil - Navagarh, District - Bemetara Chhattisgarh (Plaintiff) 2. State Of Chhattisgarh Through - Collector, Bemetara, District - Bemetara Chhattisgarh (Defendant No. 2) ... Respondent(s (Cause Title is taken from Case Information System) For Petitioner/defendant No. : Mr. Vaibhav A. Goverdhan, Advocate 1 For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26. 03.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the impugned order dated 25.02.2025 (Annex. P-1) passed by the learned 3rd Civil Judge, Senior Grade, Bemetara, District - Bemetara (C.G.) may kindly be set- aside, in the interest of justice. 10.2 That this Hon'ble court may kindly be pleased to direct the learned Executing court to pass the order for demarcation of the land bearing Kh. No. 1369/2 situated at village - Nawagarh, District Bemetara (C.G.) SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.03.26 16:54:43 +0530 2 as per the decree passed by the learned lower appellate court dated 09.05.2022 (Annex. P-3). 10.3 That this Hon'ble court may kindly be pleased to direct the learned Executing court to decide the pending applications with immediate effect (Annex. P-5 and P-6) before taking over the possession from the petitioner/ defendant no. 1. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that a suit was filed by respondent No. 1 for possession and it was decreed by the first appellate Court vide judgment and decree dated 09.05.2022. He would further submit that the learned appellate Court issued a specific direction to hand over the possession of the suit property i.e. survey No. 1369/2 admeasuring 0.07 hectare out of 0.08 hectare situated at Village Navagarh, Tahsil Navagarh, District Bemetara to the decree holder. He would also submit that though in the decree there is specific direction for demarcation of the suit property, but the learned Executing Court has passed order to hand over the possession and issued possession warrant on 25.02.2025 and failed to decide application moved by the petitioner under Section 47 of the CPC. He would contend that the learned Executing Court ought to have complied with the judgment and decree passed by the learned first appellate Court. 3. On the other hand, learned counsel for the State would oppose. 4. Heard. 5. Perusal of the Order dated 25.02.2025 would reveal that the learned Executing Court has directed the Revenue Inspector/Circle Patwari to identify the land and thereafter to hand over possession to the decree holder. The decree passed by the learned first appellate Court would show 3 that there is specific direction for demarcation of suit land. 6. Taking into consideration the decree passed by the learned first appellate Court and direction issued by the learned Executing Court, this petition is disposed of with a direction to the concerned Revenue Inspector and Circle Patwari to demarcate the land first before handing over the possession of the suit property to the decree holder. 7. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant