Tularam v. Dileshwar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.682 of 2019 Tularam, S/o Dukhuram, Caste Sarthi, aged about 47 (57) years, R/o Vill. Bamhanideeh, Tahsil Champa, District Janjgir-Champa (C.G.) (Defendant) ---- Appellant

Versus

1. Dileshwar, S/o Jhaduram, Caste Mahis, aged about 58 (68) years, R/o Vill. Bamhanideeh, Tahsil Champa, District Janjgir-Champa (C.G.) (Plaintiff)

2. State of Chhattisgarh, through the District Collector, District JanjgirChampa (C.G.) (Defendant) ---- Respondents ------------------------------------------------------------------------------------------------------------ For Appellant:

Mr. A.N. Bhakta, Advocate.

For Respondent No.2 / State: - Dr. Veena Nair, Deputy Advocate General.

------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/08/2020

1. Heard.

2. At the outset, Mr. A.N. Bhakta, learned counsel appearing for the appellant, submits that the judgment & decree dated 1-8-2007 passed in Civil Appeal Nos.10A/2007 & 11A/2007 by the District Judge, Janjgir has been assailed in S.A.No.275/2008 and two sets of court fees has already been paid and therefore in view of the decision of this Court in S.A.No.458/2006 {Bhagwat Prasad (Dead) through his LR's v. Samaru Ram and others}, decided on 3-12-2019, he may be permitted to withdraw this second appeal.

3. The prayer is fair and reasonable.

4. Since two sets of court fees has already been paid in S.A.No.275/2008 and in view of the decision of this Court in S.A.No.458/2006, this instant second appeal is permitted to be withdrawn. He is at liberty to raise all points in S.A.No.275/2008. Accordingly, the second appeal is dismissed as withdrawn. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma