1 2026:CGHC:4997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(227) No.694 of 2025 Smt. Seema Agrawal D/o Late Shri Jogiram Agrawal Aged About 43 Years R/o Badi Bazaar, Ward No. 4, Ratanpur District - Bilaspur (C.G.) (Defendant No.2) ... Petitioner versus 1 - Pramod Kumar Agrawal S/o Late Shri Jogiram Agrawal Aged About 52 Years R/o Badi Bazaar, Ward No. 4, Ratanpur District - Bilaspur (C.G.) (Plaintiff) 2 - Smt. Pramila Agrawal W/o Shri Ramkrishna Agrawal Age Not Known To The Petitioner R/o Near Jal Grah Bhaatagaon, Raipur (C.G.) (Defendant No.1) (Ought to be Defendant No.1-A) 3 - Smt. Shashi Agrawal W/o Shri Ashok Agrawal Age Not Known To The Petitioner R/o Near Chouhan Chaaya, Barfani Villa, Kasaarideeh Durg (C.G.) (Defendant No.2) (Ought to be Defendant No.1-B) SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.29 17:21:39 +0530 2 4 - Smt. Sangita Agrawal W/o Shri Rajnarayan Agrawal Age Not Known To The Petitioner R/o Near Rani Sati Mandir Bhatapara District - Balodabazar -Bhatapara (C.G.) (Defendant No.3) (Ought to Defendant No.1-C) 5 - Smt. Sarla Agrawal W/o Shri Siddharth Agrawal Age Not Known To The Petitioner R/o Behind Aadil Hospital Bhatapara District - Balodabazar -Bhatapara (C.G.)(Defendant No.4)(Ought to be Defendant No.1-D) 6 - Smt. Sudha Agrawal W/o Shri Shrikumar Agrawal Age Not Known To The Petitioner R/o New Adardh Nagar, Durg (C.G.) (Defendant No.5) (Ought to be Defendant No.1-E) 7 - Neekanth Gupta W/o Late Shri Nirmala Agrawal Age Not Known To The Petitioner R/o Near Hatari Bazaar, Raahod District - Janjgir - Champa (C.G.)(Defendant No.6)(Ought to be Defendant No.1-F) 8 - Gyanendra Agrawal S/o Shri Jogiram Agrawal Age Not Known To The Petitioner R/o Navapara, Fundurdihari Ambikapur District - Surguja (C.G.)(Defendant No.7)(Ought to be Defendant No.1-G) 9 - State Of Chhattisgarh Through Collector, Bilaspur (C.G.) (Defendant No.3) 10 - Naib Tehsildar Tehsil Office Ratanpur, Tehsil Kota, District - Bilaspur (C.G.)(Defendant No.4) 3 11 – Officer-in-Charge, Police Station-Ratanpur, Tehsil-Kota, District-Bilaspur (CG) (Defendant No.5) ...Respondents For Petitioner : Shri Bharat Rajput, Advocate. For Respondent No.1 : Shri Akash Pandey, Advocate. For Respondents No.3, 4 & 5 : Shri Vivek Samaddar, Advocate. For Respondents No.9 to 11 : Shri Abhyuday Tripathi, PL. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 29.01.2026 1. Challenge in this Writ Petition is to the order dated 11.06.2025 passed by the Additional Judge to the 1st Civil Judge Senior Division, Bilaspur at Kota, District Bilaspur in Civil Suit No.28-A/2017 (CG) by which, the application filed by the Petitioner under Order 16 Rule 1(2) r/w Section 151 CPC, was rejected. 2. Shri Rajput submits that Respondent No.1/Plaintiff has instituted a suit for declaration of title and permanent injunction in respect of the properties, which are more fully described in the plaint. He further submits that the Plaintiffs have already concluded their evidence and the evidence on behalf of the Defendants was in progress. At that stage, one Ramkeshwar Sahu sought to be examined as a witness, for which an application under Order 16 Rule 1(2) CPC was filed; however, the said application came to be 4 rejected by the learned Civil Judge by the impugned order. It is contended that the said witness is necessary for proper adjudication of the case of the Defendants and therefore, the impugned order deserves to be set aside. 3. Learned counsel for the Respondents submit that in the event the said witness, as mentioned in the application under Order 16 Rule 1(2) CPC, is produced by the Petitioner at her own instance, they have no objection to his examination. 4. In view of the above, the impugned order is set aside. The Petitioner shall ensure the presence of the witness namely Ramkeshwar Sahu, as mentioned in the application, on a date to be fixed by the learned Civil Judge failing which, the Petitioner’s right to examine the said witness on her own shall stand closed. 5. With the aforesaid direction/observation, the instant Petition stands disposed of. Sd/- (Sachin Singh Rajput) JUDGE Priya