1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 136 of 2020 1 - Narayan S/o Rupsai Aged About 35 Years Caste Marar, R/o Village Salihaghat, Tahsil Bilaigarh , District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Ramayan S/o Rupsai Aged About 32 Years Caste Marar, R/o Village Salihaghat, Tahsil Bilaigarh , District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Ramkunwar S/o Rupsai Aged About 25 Years Caste Marar, R/o Village Salihaghat, Tahsil Bilaigarh , District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Ghasiya S/o Chhatram Aged About 25 Years Caste Marar, R/o Village Khaparideeh, Tahsil Bilaigarh , District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Neelmani S/o Shivprasad Aged About 21 Years Caste Marar, R/o Village Mauhadeeh, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 6 - Savitri D/o Shivprasad Aged About 19 Years Caste Marar, R/o Village Mauhadeeh, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 7 - Pushpa D/o Shivprasad Aged About 9 Years Petitioner No. 07 Is Minor Through The Mother (Natural Guardian) Shanti Bai Wd/o Shivprasad, Caste Marar, R/o Village Mauhadeeh, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 8 - Shanti Bai Wd/o Shivprasad Aged About 47 Years Caste Marar, R/o Village Mauhadeeh, Tahsil Nawagarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 2 1 - Jhangalu S/o Samaru Aged About 47 Years Caste Marar, R/o Village Soniyadeeh, Tahsil Bilaigarh , District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 2 - State Of Chhattisgarh Through Collector, Balodabazar, District Baodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Petitioners : Mr. Anand Kesharwani, Advocate For Respondent No. 1 : Ms. Deepti Tiwari, Advocate on behalf of Ms. Pragya Pandey, Advocate For State : Ms. Neelima Singh Thakur, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 01-05-2025 1) By way of this petition, petitioners have challenged the order passed by the learned Second Civil Judge, Class-II, Bilaigarh in Civil Suit No. 04- A/2017 dated 09.12.2019 whereby application moved under Order 6 Rule 17 of CPC was rejected. 2) Learned counsel for the petitioners submits that plaintiffs/ petitioners filed civil suit for declaration of title, partition and separate possession over the suit land described in Schedule-A situated at Village Soniyadeeh, Tehsil- Bilaigarh, District- Balodabazar. He further submits that defendant filed written statement and learned trial Court framed issues. He contends that application under Order 6 Rule 17 of CPC was moved wherein amendment was proposed to the effect that order of mutation was passed in favor of defendant behind the back of plaintiffs on 08.04.1988. It was pleaded in the application that plaintiff No. 4 was minor at that time, therefore, he has right to challenge the order of mutation after attaining majority. It is further pleaded that order 3 of mutation is void ab initio. He further contends that the proposed amendment does not change the nature of the suit, therefore, learned trial Court ought to have allowed the application. 3) On the other hand, learned counsel for the respondents oppose. 4) Heard. 5) It appears that petitioners proposed an amendment and admittedly it does not change the nature of suit. The plaintiffs have pleaded about the order of mutation dated 08.04.1988 but in relief clause of plaint, they have not sought any relief assailing the order of mutation. Even if the amendment proposed by the plaintiffs is allowed, the order of mutation would still remain intact as same has not been challenged by the plaintiffs by proposing the amendment in relief clause. Therefore, in opinion of this Court, no relief can be granted to petitioners. 6) Consequently, this petition stands dismissed. However, as the suit was filed in the year 2017, learned trial Court is directed to make all endeavors to expedite the proceeding. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya