1 2026:CGHC:15872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 241 of 2025 1 - Novel Kumar Verma S/o Late Bhawani Lal, Aged About 64 Years R/o Ward No. 14, Sakti, Tehsil - Sakti, Distt. Sakti (C.G.) 2 - Smt. Suman Verma, W/o Novel Kumar Verma, Aged About 55 Years R/o Ward No. 14, Sakti, Tehsil - Sakti, Distt. Sakti (C.G.) ... Petitioner(s) versus 1 - Tilesh Kumar Gabel S/o Late Agardhan Aged About 65 Years R/o Village Masaniyakalan, Tehsil And District Sakti (C.G.) 2 - Basant Kumar Gabel S/o Late Agardhan Aged About 56 Years R/o Village Masaniyakalan, Tehsil And District Sakti (C.G.) 3 - State Of Chhattisgarh Through - Collector, District Sakti (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Ishwar Jaiswal, Advocate For State :- Mr. Sangharsh Pandey, Govt. Advocate For respondents No.1 & 2 :- Mr. Basant Dewangan, Advocate ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order on Board 07.04.2026 1. Being aggrieved by the order dated 06-05-2025 passed by learned Civil Judge Junior Division, Sakti, District- Sakti (C.G.), in Civil Suit No. 61-A/2024 (Annexure A-1), whereby the application under Order 7 Rule 11 CPC filed by the present Defendants/Applicants was rejected. Hence this revision is being filed. 2. The applicant has filed this Writ Petition seeking following reliefs:- “It, is therefore, prayed that the Hon'ble Court may be pleased to allow the revision and be pleased to make an order to 06-05-2025 set- aside/quash the impugned order dated 06-05- 2024 (Annexure 7. A-1), in the interest of justice” 3. The parties are referred to herein as plaintiff and defendants as per their original status in the civil suit for the sake of convenience; that the plaintiff/respondent No. 1 & 2 filed Civil Suit No. 61A/2024 before the Learned Civil Judge, Junior Division, Sakti, District Sakti (C.G.) seeking permanent injunction in respect of land bearing Khasra No. 427/1 admeasuring 0.405 hectares and Khasra No. 427/4 admeasuring 1.66 hectares, which are recorded in the name of the defendants. As per the plaint, other adjoining lands bearing Khasra Nos. 427/2, 427/3, 427/5, 427/6, 428 and 430 admeasuring in total 1.178 hectares are also 3 recorded in the name of the defendants, who are running a poultry farm thereon; that the plaintiff pleaded that both parties were running the said poultry farm in partnership and in the year 2015 a dispute arose regarding financial settlement, which was amicably resolved through intervention of social panchs and reduced into a notarized agreement dated 13.04.2015 executed on stamp paper, wherein terms and conditions of settlement were agreed upon. In pursuance of the said agreement, the plaintiff executed a registered sale deed dated 04.01.2016 in favour of the defendants in respect of Khasra No. 427/1 (disputed land) and performed his part of the agreement, whereas the defendants allegedly failed to perform their obligations under clauses 4, 5 and 6 of the agreement. Consequently, the plaintiff instituted the aforesaid civil suit seeking injunction. Notices were issued to the defendants on 26.11.2024 and upon service they appeared on 15.01.2025. Thereafter, on 27.01.2025 the defendants filed an application under Order 7 Rule 11 CPC seeking rejection of the plaint and on 29.01.2025 filed their written statement along with counter-claim. On 19.02.2025 the plaintiffs filed reply to the counter-claim and also moved an application under Order 7 Rule 11 for rejection of the counter-claim, to which the defendants filed their reply on 27.02.2025. Finally, on 06.05.2025 the Learned Trial Court, after hearing both parties, dismissed the defendants’ application under Order 7 Rule 11 CPC seeking rejection of the plaint by passing the impugned order, giving rise to the present petition. 4 4. Learned counsel appearing for the applicant submits that although the present revision petition has been preferred challenging the impugned order dated 06.05.2025, however, at this stage the applicant may be permitted to withdraw the present petition with liberty to file an appropriate and duly constituted application before the concerned trial Court, raising all such grounds as may be available to him in law in relation to the grievance projected in the present matter. It is further submitted that the applicant shall avail such remedy strictly in accordance with the procedure prescribed under law. 5. Considering the submission so made, liberty is granted to the applicant to file an appropriate application before the concerned trial Court. In the event such application is filed, the learned trial Court shall consider and decide the same on its own merits, strictly in accordance with law, after affording due opportunity of hearing to all concerned parties, without being influenced by any observation made in the present order. 6. With the aforesaid liberty and observation, the present revision petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha