Narayan Prasad Dewangan v. Nishant Ahmed Junjani

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 905 of 2018 • Narayan Prasad Dewangan S/o Late Vanmali Prasad Dewangan, Aged About 70 Years R/o Karbala Chowk, Bilaspur, Near City Kotwali Thana, District Bilaspur, Chhattisgarh ---- Applicant

Versus

1. Nishant Ahmed Junjani W/o M.I.A. Junjani, Aged About 46 Years R/o Saakin Behind Magnato Mall, Gitanjali Colony, Marimai Mandir Road, Talapara, Tehsil And District Bilaspur Chhattisgarh

2. Collector Bilaspur, District Bilaspur Chhattisgarh --- Respondents For Applicant :

Mr. Arjeet Tiwari, Advocate.

For Respondent No.1 :

Mr. Faiz Kazi, Advocate.

For State/Respondent No.2 :

Mr. Ankur Kashyap, Advocate.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 19/11/2019

1. By this MCC, the appellant prayed for grant of permission to sue as forma pauperis and this Court had already directed the Collector to submit report.

2. However, it is found that the appellant has filed appeal against the impugned judgment and decree dated 03.08.2017 passed by the 7th Upper District Judge, Bilaspur in Civil Suit No.92A/2015, by which, plaintiff's suit has been dismissed in this appeal filed by appellant, we find that the appellant has filed this appeal only against certain findings though the impugned judgment and decree has been passed in favour of the appellant and the plaintiff's suit has been dismissed. Appeal itself is misconceived in law.

3. In view of the above, this MCC and appeal both are dismissed. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Ravi