1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No.54 of 2025 1 - Ratikant Singh Chauhan S/o Late Shri Ram Kumar Singh Chauhan Aged About 53 Years R/o Ward No. 2, Saja Nagar Panchayat, Thana - Saja, Dist. Bemetara Chhattisgarh 2 - Hari Singh Chauhan S/o Late Shri Ram Kumar Singh Chauhan Aged About 50 Years R/o Ward No. 2, Saja Nagar Panchayat, Thana - Saja, Dist. Bemetara Chhattisgarh At Present Resident of Income Tax Colony, House No.-Type 3/22, Habeebganj, Bhopal Madhya Pradesh 3 - Dinesh Singh Chauhan S/o Late Shri Ram Kumar Singh Chauhan Aged About 48 Years R/o Ward No. 2, Saja Nagar Panchayat, Thana - Saja, Dist. Bemetara Chhattisgarh ... Petitioner(s) versus 1 - Smt. Annpurna Chauhan W/o Dimbrappa Singh Chauhan Aged About 43 Years R/o Village Musuwadih, Post - Bargada, Tahsil And Thana - Saja, Dist. Bemetara Chhattisgarh 2 - Dimbrappa Singh S/o Late Shri Ram Kumar Singh Chauhan Aged About 55 Years R/o Village Musuwadih, Post - Bargada, Tahsil And Thana - Saja, Dist. Bemetara Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Viprasen Agrawal, Advocate For Respondent(s) : None. Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal Order on board SATISH TUMANE Digitally signed by SATISH TUMANE 2 27.01.2025 Heard on admission. 1. This petition has been filed by the plaintiffs under Article 227 of the Constitution of India, questioning the legality and propriety of the order dated 02.12.2024 (Annexure P-1) passed by the Principal District Judge, Bemetara in Misc.Civil Appeal No.15/2024, whereby, the learned Appellate Court, while affirming the order dated 24.07.2024 (Annexure P-1-A) passed by the Civil Judge Junior Division, Saja, District Bemetara in Civil Suit No.03-A/2024, has rejected the application filed under Order 39 Rule 1 & 2 of CPC. 2. Briefly stated the facts of the case are that on 25.01.2024, the plaintiffs instituted a suit claiming declaration of title and permanent injunction to the effect that the land in question bearing Khasra No.1688 admeasuring 0.03 hectare and Khasra No.1689, admeasuring 0.003 hectare situated at Village Saja, District Bemetara has fallen in their share by virtue of the family partition effected on 06.02.2011. It is, the contention of the plaintiffs that the alleged land was purchased by their father, namely, Ram Kumar Singh Chouhan under the registered deed of sale dated 15.01.1996 in the name of defendant No.2-Dimbrappa, as he was the elder son and after its execution, the said defendant i.e. Dimbrappa has, however, executed a registered deed of gift in favour of his wife, namely, Smt. Annapurna, i.e. the defendant No.1 herein on 13.10.2022 (Annexure P-8) and since, she is trying to mortgage the same in order to obtain the loan amount from the bank, therefore, they have been constrained to institute the suit in the instant nature, along with an application for grant of temporary injunction as required under Order 39 Rule 1 & 2 of CPC, restraining the defendants from mortgaging the land in question. 3 3. Aforesaid claim as well as the application for grant of temporary injunction was contested by the defendants and, the trial Court vide its order dated 24.07.2024 observed that since the land in question was purchased by the defendant No.2-Dimbrappa under the registered deed of sale, dated 15.01.1996, as such, prima facie case doesn’t lie in favour of the plaintiffs and the issue as to whether the land in question falls in his share under the alleged family partition could be determined at the time of trial and, accordingly, it was observed that the plaintiffs are not entitled for the grant of temporary injunction, as prayed for and the appeal preferred there-against by the plaintiffs has been dismissed by the appellate Court vide its order impugned dated 02.12.2024. 4. What is reflected from perusal of the papers annexed with this petition that by virtue of the alleged registered deed of sale, executed on 15.01.1996 (Annexure P-7), the land in question was purchased by the defendant No.2- Dimbrappa from one Devi Prasad and, the revenue papers were mutated in his name. It appears further that by virtue of the registered deed of gift (Annexure P-8), executed on 13.10.2022, he gifted the same to his wife, namely, Smt. Annapurna, the defendant No.1 herein and, on the basis of the application made by her on 14.11.2022 before the Tahsildar, Saja, the same was directed to be recorded in her name vide its order dated 16.12.2022 and being aggrieved with the same, a revision was preferred by the plaintiffs before the Collector, but the same was dismissed vide order dated 31.03.2023 and the revision preferred there-against was also found to be dismissed by the Commissioner, Bilaspur and the Board of Revenue vide orders dated 19.10.2023 and 26.12.2023, respectively. No prima facie case, thus, has been 4 found in favour of the plaintiffs, so as to call for any interference in the impugned order under the supervisory jurisdiction. 5. The petition being devoid of merit, is accordingly dismissed at the stage of admission. No order as to costs. SD/- (Sanjay S. Agrawal) Judge Tumane