Phoolsingh Binjhwar v. Pardeshi Gond

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR No. 61 of 2019 • Phoolsingh Binjhwar S/o Rameshar Singh Aged About 59 Years (Tribal), R/o Uslapur, Post Office Dhaniya, Via Baloda, District- Bilaspur, Chhattisgarh..............(Defendant), ---- Applicant

Versus

1. Pardeshi Gond S/o Late Suklal Aged About 70 Years Caste Gond, R/o Village And Post Bitkula Via Baloda, Tahsil Masturi, District- Bilaspur, Chhattisgarh., ...........(Plaintiff),

2. State Of Chhattisgarh Through The Collector District-Bilaspur, Chhattisgarh. ---- Respondents For Applicant :

Shri Atanu Ghosh, Advocate.

For non-applicant No.2/State :

Ms. Neha Shukla, P.L.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 25.07.2019 1.

After arguing the matter for some time, Shri Ghosh, learned counsel for the applicant seeks permission of this Court to withdraw this petition with liberty to move an application before the concerned trial Court, as required under Order 14 Rule 2 of the Code of Civil Procedure, 1908. 2.

On due consideration, the permission is allowed with the observation that if any application is made by the Applicant by raising the question of limitation, then the concerned trial Court shall frame the issue in this regard and while treating the same as a preliminary issue shall decide the same in accordance with law. 3.

Accordingly, this revision petition is disposed of with the aforesaid direction. No order as to costs.

Sd/- (Sanjay Agrawal) Anjani Judge