1 2026:CGHC:23339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 117 of 2025 1 - Bhudhareshwar Kashyap S/o Shri Kanhaiya Lal Kashyap Aged About 49 Years R/o Pamgarh, Tahsil Pamgarh, District Janjgir Champa (C.G) 2 - Ajay Bhanu Kashyap S/o Shri Kanhaiya Lal Kashyap Aged About 46 Years R/o Pamgarh, Tahsil Pamgarh, District Janjgir Champa (C.G) 3 - Smt. Narmada Devi Kashyap W/o Shri Kanhaiya Lal Kashyap Aged About 69 Years R/o Pamgarh, Tahsil Pamgarh, District Janjgir Champa (C.G) ... Appellants. versus 1 - Bhagwat Rathore S/o Jagoli Rathore Aged About 50 Years Ward No.16, Chandaniyapara, Janjgir, District Janjgir Champa (C.G) 2 - Prakash Upadhyay S/o Shri Ramratan Upadhyay Aged About 26 Years R/o Ward No. 11, Talwapara, Janjgir, District Janjgir Champa (C.G) 3 - State Of Chhattisgarh Through District Collector, District Janjgir Champa (C.G) ... Respondents. (cause title downloaded from CIS Periphery) For Petitioners : Mr. B. P. Sharma with Mr. M. L. Sakat, Advocates. For Res No.1 and 2 : Mr. Chandrikaditya Pandey, Advocate. For Res No.3/State : Mr. Anish Tiwari, Dy. GA. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 15/05/2026 1. Heard on IA No.03/2026 - Application under Order 23 Rule 3 read with Section 151 CPC 1908 (henceforth "CPC"), filed jointly by both the parties. 2. At the outset, learned counsel for both the parties submit that since there is some lacuna in the aforesaid application, therefore, pray that they maybe permitted to withdraw aforesaid application. It is also submitted that they have filed fresh application under Order 23 Rule 3 read with Section 151 CPC bearing IA No.04/2026 for the same purpose. 3. Permission granted. In view of above submission, IA No.03/2026 is dismissed as withdrawn. 4. Heard on IA No.02/2026 - Application for disposal of appeal in terms of settlement along with IA No.04/2026 - Application under Order 23 Rule 3 read with Section 151 CPC bearing IA No.04/2026. 5. This Miscellaneous Appeal has been filed challenging the judgment dated 16.06.2025 passed by the Fifth District Judge, Janjgir, District Janjgir- Champa in Civil Appeal No. 18A/2023, arising out of the judgment and decree dated 31.03.2023 passed by the Second Civil Judge Class-I, Janjgir, District Janjgir-Champa in Civil Suit No.17A/2017, whereby the learned Appellate Court has quashed the judgment and decree dated 31.03.2023 and remitted the matter back to the trial Court to pass judgment afresh after getting a demarcation report and providing an opportunity of hearing to both the parties. 3 6. After the filing of the instant appeal, both parties entered in settlement/compromise and filed a joint application dated 10.04.2026 (IA No.02/2026) along with their affidavits and a copy of the settlement deed (इकरारनामा/समझौतानामा) Annexure-A/1 dated 11.03.2026. 7. In view of the above joint settlement application filed by the parties, this Court passed the order dated 04.05.2026, in compliance of which both parties appeared before the Additional Registrar (Judicial) of this Court on 11.05.2026. The Additional Registrar (Judicial) recorded the statements of the Appellants, namely, Bhudhareshwar Kashyap, Ajay Bhanu Kashyap, and Smt. Narmada Devi Kashyap. He also recorded the statements of the Respondents, namely, Bhagwat Rathore and Prakash Upadhyay. 8. Perusal of the aforesaid statements recorded before the Registrar (Judicial) shows that the parties have entered into a settlement in terms of the settlement deed dated 11.03.2026 filed by them along with their joint application dated 10.04.2026. 9. When the matter was taken up for hearing on 14.05.2026, it was found that in the settlement deed dated 11.03.2026, the parties have mentioned various unnecessary things as terms of settlement. Therefore, in view of observation dated 14.05.2026 of this Court, today the parties filed a fresh joint application under Order 23 Rule 3 read with Section 151 CPC (IA No.4/2026) along with their affidavits. 10. Both parties, namely, the Appellants, Bhudhareshwar Kashyap, Ajay Bhanu Kashyap, and Smt. Narmada Devi Kashyap, and the Respondents, Bhagwat Rathore and Prakash Upadhyay, are present before the Court today. 11. On being asked, they stated that they entered into the agreement/settlement and executed the affidavit/settlement deed dated 4 11.03.2026, and also filed both the applications dated 10.04.2026 and 15.05.2026 and affidavits with regard to the settlement and compromise of their own free will and without fear or favour. Their submission also get from their statements recorded on 11.05.2026 before the Additional Registrar (Judicial). 12. Having considered the contents of joint settlement application filed by both the parties and their statements recorded before the Additional Registrar (Judicial) on 11.05.2026, IA No.2/2026 and IA No.4/2026 (application under Order 23 Rule 3 read with Section 151 CPC) are allowed. Consequently, the following order is passed on the basis of settlement/compromise arrived at between the parties: "(a) The Appellants/Plaintiffs are the owner and in exclusive possession of the suit property bearing Khasra No.3362/9, area 0.067 hectare situated in Village Janjgir, P.C. No.37, R.I. Circle, Tehsil and District-Janjgir-Champa (C.G.) boundaries of which are mention below, and Respondent No.1 and 2/Defendants have also accepted the ownership and possession of the Appellants/ Plaintiffs over the said suit property and Respondent/Defendants shall have no claim whatsoever over the suit property. (b) The parties shall bear their respective cost." Balram’s Land P.W.D’s Road Smt. Sulochini Rathore Khasra No. 3362/8 (Purchased from Ushabai Thawait) Ajay Sahu’s Land (Purchased from Phooldas) 5 13. In terms of aforesaid order the appeal is allowed to the extent indicated above. 14. Decree be drawn accordingly. 15. Pending application, if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ajay