Mahasamund v. Smt. Meena Bai

HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(227) No. 928 of 2025 Smt. Chetna Malu, W/o Shri Sanjay Malu, aged about 42 Years, R/o Gandhi Chowk Mahasamund, Tahsil And District- Mahasamund ( C.G. ). ---- Petitioner Versus

1. Smt. Meena Bai D/o Shri Ubhayram Yadav, W/o Shri Gokul Yadav Aged About 58 Years R/o Village- Amethi, Ward No. 07, Posted Gullu, Tahsil- Arang, Distt- Raipur ( C.G. ).

2. Smt. Mankunwar Yadav D/o Shri Ubhay Ram Yadav, W/o Shri Samaru Yadav Aged About 62 Years R/o Ward No. 14, Tumgaon, Tehsil And District- Mahasamund, Chhattisgarh.

3. Rajkunwar Yadav D/o Shri Ubhay Ram Yadav, W/o Shri Narsingh Yadav Aged About 65 Years R/o Village And Post Lakholi, Tahsil- Arang, District- Raipur, Chhattisgarh.

4. Radhika Yadav D/o Late Shri Laxminarayan Yadav, W/o Shri Sohan Yadav, Aged About 39 Years R/o Village- Chikhli Malgaon- Bastipara, Tehsil And District- Gariyaband, Chhattisgarh.

5. Chandrika Yadav D/o Late Shri Laxminarayan Yadav, Aged About 36 Years R/o Behind Ram Mandir, Kurmipara, Mahasamund, District- Mahasamund, Chhattisgarh.

6. Shivbati Yadav D/o Late Shri Lakshminarayan Yadav Aged About 62 Years R/o Behind Ram Mandir, Kurmipara, Mahasamund, District- Mahasamund, Chhattisgarh.

7. Shankar Lal Yadav S/o Shri Ubhay Ram Yadav Aged About 60 Years R/o Behind Ram Mandir, Kurmipara, Mahasamund, District- Mahasamund, Chhattisgarh.

8. Randhir Singh Khanuja S/o Shri Jaspal Singh Aged About 38 Years R/o Near Rameshwari Mandir, Station Road Mahasamund, Tahsil And District- Mahasamund, Chhattisgarh.

9. Tarachand Chandak S/o Shri Babulal Chandak Aged About 50 Years R/o Near Meghvasant Colony, Mahasamund, Distt- Mahasamund, Chhattisgarh.

10. Om Prakash Chandak S/o Shri Babulal Chandak Aged About 45 Years R/o Near Meghvasant Colony, Mahasamund, Distt- Mahasamund, Chhattisgarh.

11. State Of Chhattisgarh Through- Collector Mahasamund, District- Mahasamund, Chhattisgarh. Respondents For Petitioner : Shri Sunil Sahu, Advocate. For RespondentNo.11/State : Ms. Neelima Singh Thakur, P.L. -2- Hon'ble Shri Justice Sachin Singh Rajput Order on Board 22/09/2025

This writ petition under article 227 of the Constitution of India has been filed assailing the validity, correctness and judicial proprietary of the order dated 03/03/2025 passed in Civil Suit No.62A/2022 by the First Civil Judge, Junior Division, Mahasamund (C.G.) by which the application of the petitioner/plaintiff under order 14 rule 5 of the CPC for framing additional issues has been rejected.

Learned counsel for the petitioner/plaintiff submits that the civil suit for seeking relief of declaration and removal of the encroachment, and for permanent injunction was filed by the petitioner/plaintiff against the respondents /defendants and the respondents/defendants have also filed their written statement in which Issues have been framed. However an application was filed order 14 rule 5 of the CPC indicating that in response to paragraph 13 to 15 of the plaint and paragraph 13 to 17 of the return statement, proper issues have not been frame which may be framed.

I have heard learned counsel for the parties and perused the appended record.

The copy of the issues which has been framed by the learned trial court have not been placed on record. Apart from this, the perusal of the application under order 14 rule 5 of the CPC indicates that no proposed additional issues has been mentioned in the said application. An application has been filed that proper issues have not been framed. The learned trial Court after due application of mind and arguments advanced by the parties on this application, rejected the application with in reasoned and detailed order.

In the opinion of this Court, the learned trial Court has not committed any irregularity or illegality warranting interference by this Court while exercising jurisdiction under article 227 of Constitution of India. Thus petition fails and dismissed.

All the pending applications are also disposed of. Ashish Sd/-Sd/- (Sachin Singh Rajput) Judge