Smt.Laxmi Pal v. Manoj Dewangan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR SA No. 364 of 2003 • Smt.Laxmi Pal, W/o Dr. H.L. Pal, Aged about 50 years, Resident of Pal Complex, Jal Griha Marg, Tikarapara, Raipur, Distt. Raipur (C.G.) ---- Appellant/plaintiff

Versus

• Manoj Dewangan, S/o Shri Bisahu Ram Dewangan, aged about 36 years, residence of Shop No.6, Pal Complex, Jal Griha Marg, Tikarapara, Raipur, Distt. Raipur (C.G.) ---- Respondent ________________________________________________________ For Appellant :

Shri Manoj Paranjpe, Advocate For Respondent:

Shri K.K.Dewangan appears on behalf of Shri Heman Kesharwani, Advocate Hon'ble Shri Sanjay Agrawal, J.

Order On Board 02/08/2018 1.

Heard on I.A.No.01/2018, an application seeking permission for withdrawal of this Second Appeal and also for withdrawal of plaint under Order 23 Rule 1 Read with Section 151 of the C.P.C.

2.

By way of the above application, it is prayed that the appellant may be permitted to withdraw this Second Appeal and sought liberty to institute a fresh suit, as per the provisions prescribed under the Chhattisgarh Rent Control Act, 2011 (for short, the Act of 2011) 3.

Shri K.K.Dewangan, counsel for the respondent, while objecting this application, submitted that the appellant may be permitted to

withdraw this appeal but she may not be permitted for filing a fresh suit, as required under the provisions of the Act of 2011. 4.

On due consideration, I.A.No.01/2018 is allowed only in relation to the withdrawal of this Second Appeal.

5.

Accordingly, the Second Appeal is dismissed as withdrawn. Sd/- (Sanjay Agrawal) Judge Anjani