1 2025:CGHC:46765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 505 of 2021  Shiv Kumar Tamboli S/o Late Shri Bhawsingh Tamboli Aged About 71 Years Occupation Agriculturist, R/o Village Sheetlapara Ward Simga, Thana And Tahsil Simga, District Baloudabajar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner(s) versus 1. Rajkumar Tamboli S/o Late Shri Prabhu Lal Tamboli Aged About 71 Years Occupation Agriculturist, R/o Village Sheetlapara Ward Simga, Thana And Tahsil Simga, District Baloudabajar, Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 2. Smt. Pyari Bai D/o Late Shri Prabhulal Tamboli Aged About 69 Years By Caste Barrai W/o Shri Basant Kumar Tamboli, R/o Jagrati Society Changorabhatha, Raipur, Tahsil And District Raipur, Chhattisgarh Through Power Of Attorney Holder Ritesh Tamboli, S/o Shri Shri Basant Kumar Tamboli, R/o Jagrati Society Changorabhatha, Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Narendar Mahobiya S/o Late Shri Kheduram Mahobiya Aged About 62 Years R/o Ward No. 1 Near Bus Stand Mahasamund, Tahsil And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 4. Smt. Dulari Bai Pansari D/o Late Shri Bhawsingh Tamboli Aged About 75 Years W/o Late Shri Jeewrakhan Pansari, R/o Naw Bharata Chowk, Near Annapurna Ata Chakki, Purani Basti Raipur, Tahsil And District Raipur, Chhattisgarh Through Power Of Attorney Holder Ku. Anchala Pansari, D/o Late Shri Jeewrakhan Pansari, R/o Now Bharata Chowk, Near Annapurana Ata Chakki, Purani Basti Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5. Gopal Tamboli S/o Late Shri Kheduram Tamboli Mother Name Late Smt. Sonkunwar @ Kunwar Bai R/o Masjid Gali Nayapara Mahasamund Tahsil And District Mahasamund Chhattisgarh. Through Power Of Attorney Holder Ishwar Tamboli S/o Shri Ganesh Tamboli, R/o Nayapara Near Santoshi Mandir, Ward No. 7 Mahasamund Tahsil And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6. Geeta Tamboli D/o Late Shri Kheduram Tamboli Mother Name Late Smt. Sonkunwar @ Kunwar Bai, R/o Masjidgali, Naya Para Mahasamund, Tahsil And District Mahasamund Chhattisgarh. Through Power Of Attorney Holder Ishwar Tamboli S/o Shri Ganesh Tamboli, R/o Nayapara Near Santoshi Mandir, Ward No. 7 Mahasamund Tahsil And District Mahasamund SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.16 19:05:39 +0530 2 Chhattisgarh., District : Mahasamund, Chhattisgarh 7. Shobha Tamboli W/o Shri Ganesh Tamboli R/o Masjidgali, Nayapara Mahasamund, Tahsil And District Mahasamund Chhattisgarh. Through Power Of Attorney Holder Ishwar Tamboli S/o Shri Ganesh Tamboli, R/o Nayapara Near Santoshi Mandir, Ward No. 7 Mahasamund Tahsil And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 8. Ishwar Tamboli S/o Shri Ganesh Tamboli R/o Nayapara Near Santoshi Mandir, Ward No. 7, Mahasamund, Tahsil And District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Sumit Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12. 09.2025 1. The petitioner/plaintiff has challenged the order dated 31.08.2021 passed in Civil Suit No. 9A/2017 by learned Civil Judge Class – II, Simga, District Balodabazar-Bhatapara, whereby an application moved under Order 1 Rule 10 of CPC was allowed. 2. The facts of the present case are that the petitioner/plaintiff filed a suit for declaration of title and permanent injunction pertaining to a house situate at Bilaspur Road, Simga, which was purchased by Bhawsing Tamboli and Prabhulal Tamboli through a registered sale deed dated 24.03.1949. It is pleaded that there was a partition between Bhawsing Tamboli and Prabhulal Tamboli in the year 1982. The plaintiff further pleaded that after the death of Prabhulal Tamboli, his legal representatives again partitioned the property, and the suit house, at present is now in possession of the defendant, namely Rajkumar. It is further pleaded that the defendant filed written statement and denied the plaint's averments. Respondents No. 2 to 8 moved an application under Order 1 Rule 10 of the CPC for impleadment, inter alia, on the ground that they are legal representatives of Prabhulal and have a right over the suit property. The plaintiff filed reply to the said 3 application. The learned trial court allowed the application on the ground that the names of the proposed defendants/respondents No. 2 to 8 were mentioned in the revenue records against suit property. 3. Learned counsel for the petitioner would submit that the plaintiff is dominus litis and cannot be compelled to join any party/parties against his wishes. He would further submit that the respondents No. 2 to 8 are not necessary party. He would also submit that the learned trial Court committed an error of law while allowing the application. He would pray to set-aside the order impugned. 4. Heard. 5. The order impugned and the documents placed on record would show that initially house was purchased by Bhawsing Tamboli and Prabhulal Tamboli on 24.03.1949 through registered sale-deed. In the revenue record, names of respondents No. 2 to 8 are mentioned and the learned trial Court has placed reliance upon such documents. 6. Considering the fact that names of respondents No. 2 to 8 are mentioned in the revenue record as joint owner of the suit property; therefore, the learned trial Court rightly allowed the application moved by them under Order 1 Rule 10 of CPC. Accordingly, this petition fails and is hereby dismissed. No cost(s). 7. Interim relief granted earlier is hereby vacated. 8. The Registry is directed to communicate this order to the concerned trial Court. Sd/- (Rakesh Mohan Pandey) Judge $iddhant