HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT DEFENDANT RESPONDENTS PLAINTIFFS Second Appeal No. 123/2010 Mindhu aged about 46 years, S/o Hiralal, Caste Sahu, R/o Village Joratarai, Tahsil Kurud, District Dhamtari (C.G.). RESPONDENTS VERSUS 1) 2) 3) 4) 5. 6. Girdhar S/o Pyari aged 49 yrs. Basant S/o Hiralal Sahu aged 49 yrs. Both are Resident of Village Joratarai, Tahsil Kurud, District Dhamtari (C.G.). Smt. Pawarabai W/o Thanuram Aged about 71 years R/o Village Post Haldi, Tahsil Gundardehi District Durg (C.G.). Ramkunwar Bai D/o Late Hiralal Sahu Aged about 68 years, R/o village Joratarai, Post Silouti, Tahsil Kurud, District Dhamtari (C.G.). Presently Residing Maroud District Durg. Smt. Santribai W/o Ramnath Sahu aged about 64 years, R/o Village Panchpedi, Post Rampur Tahsil Kurud District Dhamtari (C.G.). State of Chhattisgarh Through : Collector, District Dhamtari (C.G.). SECOND APPEAL UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE. (SB :Hon'ble Mr. T.P.Sharma, J.) Present- Mr. S. Imtiaz Ali, Advocate for the appellant. Ms. Sangeeta Mishra, P.L. for the State/respondent No. 6. ORAL- JUDGMENT (Passedon 27/04/2010) 1. By this Second appeal appellant has challenged the legality and - propriety of the judgment dated 4/2/10 passed by Additional District Judge (F.T.C.) Dhamtari District Dhamtari in civil appeal No. 43-A/2009 affirming the judgment and decree dated 25/8/09 passed by Civil Judge Class-II Kurud, in civil suit No. 1 f^^ ^ (^) ^s^^ 5. 6. 318-A/2005 decreeing the suit for partition and separate possession on the ground of ancestral property. Mr. S. Imtiaz Ali, Adyocate for the appellant and Ms. Sangeeta Mishra, P.L. for the State/respondent No. 6 are heard. Judgment impugned and copy of judgment of trial Court perused. As per pleading of the parties appellant and respondents N0. 1 to 5 are heirs of the deceased Gaya Bai. On the basis of will testamentary succession has been claimed by the appellant but appellant has failed to adduce any evidence relating to Will. In absence of any such evidence both the Courts below has decreed the suit filed on behalf of the respondents No. 1 & 2. On close scrutiny, I do not find any substantial question of law involved in the present second appeal. Both the Courts below has rightly decreed the suit. Consequently, this second appeal is liable to be dismissed and is hereby dismissed at the stage of motion itself. I.A. No. 1 is also dismissed. No order as to costs. Sd/- T.P. Sharma Judge