1 2026:CGHC:1723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1195 of 2025 1. Smt. Santoshi Patel, W/o Sukhnandan Patel, D/o Late Indal Ram, Aged About 38 Years, By Caste Marar, R/o Village Datrenga Tola, Tahsil Churiya, District Rajnandgaon (C.G.). 2. Smt. Genda Bai, W/o Surendra Patel, D/o Late Indal Ram, Aged About 48 Years, By Caste Marar, R/o Village Pital, Tahsil Churiya, District Rajnandgaon (C.G.). 3. Smt. Bindu Patel, W/o Suresh Patel, D/o Indal Patel, Aged About 50 Years, By Caste Marar, R/o Village Chotedongar Rajpur, Tahsil Orcha, District Narayanpur (C.G.). 4. Smt. Meena Bai Patel, W/o Soman Lal Patel, Aged About 55 Years, By Caste Marar, R/o Village Kanechur, Tahsil Bhanupratappur, District Kanker (C.G.). ... Petitioners versus 1. Smt. Lilesh Sinha, W/o Late Gajendra Kumar Singh, Aged About 38 Years, By Caste Kalar, R/o Village Unkari, Thana & Tahsil Charama, District Kanker (C.G.). 2. Divyanshu, S/o Late Gajendra Kumar Singh, Aged About 11 Years, By Caste Kalar, Being Minor Through Mother Smt. Lilesh Sinha, Aged About 38 Years, W/o Late Gajendra Kumar Singh, By Caste Kalar, R/o Village Unkari, Thana & Tahsil Charama, District Kanker (C.G.). 3. Divid Singh, S/o Late Gajendra Kumar Singh, Aged About 8 Years, By Caste Kalar, Being Minor Through Mother Smt. Lilesh Sinha, Aged About 38 Years, W/o Late Gajendra Kumar Singh, By Caste Kalar, R/o Village Unkari, Thana & Tahsil Charama, District Kanker (C.G.). 4. Smt. Saraswati Patel, W/o Dinesh Patel, D/o Late Indal Patel, By Caste Marar, R/o Village Maragaon, Tahsil Magarlod, District Kanker (C.G.). 5. State Of Chhattisgarh, Through The District Collector, Kanker, District Uttar Baster, Kanker (C.G.). ... Respondents (Cause title taken from Case Information System) DEEPTI JHA Digitally signed by DEEPTI JHA 2 For Petitioners : Ms. Bhavika Kotecha, Advocate. For Respondents No.1 to 3 : Mr. Bhupendra Singh, Advocate. For Respondent No.4 : Ms. Parvati Suryawanshi, Advocate. For State/Respondent No.5 : Mr. Vedant Shadangi, P.L. Hon’ble Shri Justice Sachin Singh Rajput Order on Board 12/01/2026 1. This writ petition has been filed by the petitioners under Article 227 of the Constitution of India, seeking following reliefs:- “10.1 The Hon’ble Court may kindly be pleased to quash/set aside the order 25/10/2025 passed by the learned First District Judge, Uttar Bastar Kanker in Civil Suit No.B/1/2021, (Annexure-P/5) and further please to allow the application of the petitioner, filed under Section 45 of the Indian Evidence Act (Section 39 (1) of Bhartiya Sakshya Adhiniyam, 2023) in the interest of justice. 10.2 Any other relief which this Hon’ble Court deems fit be granted and the cost of the petitioner may also kindly be awarded in favour of the petitioner.” 2. Learned counsel for the petitioners would submit that the challenge in this writ petition is to an order dated 25.10.2025 (Annexure-P/5) passed by the learned First District Judge, Uttar Bastar, Kanker (C.G.) in Civil Suit No.B/1/2021, by which the application filed by the petitioner under Section 45 of the Indian Evidence Act, 1872 equivalent to Section 39(1) of the Bhartiya Sakshya Adhiniyam, 2023 was rejected. She further submits that during the pendency of this writ petition, the civil suit itself has been decided, therefore, she prays that grounds raised in this writ petition may be permitted to take in the first appeal. 3. Learned counsel for the respective respondents have not raised any objection with regard to the aforesaid prayer made by the counsel for the petitioner. 3 4. In view of the above submissions made by the respective parties, prayer made by the counsel for the petitioners is allowed and she is permitted to take the grounds in the first appeal, which are raised in this writ petition. Accordingly, the instant writ petition stands disposed of with the aforesaid liberty. 5. Interlocutory application(s), pending if any, also stand disposed of. Sd/- (Sachin Singh Rajput) Judge