HIGH COURT OF eHHATTISGARH AT BILASPUR SingieJBench : Hon'ble Shri Diiip Raosaheb Deshmukh, J. I.A.No.05/2008 Piaintiff Defendants "^. ^ Devia!, S/o Somnath, agetf about 50 years, Caste-Raut, Resident of Viliage Dongargaon, , Tahsil Bhanupratappur, District North Bastar, KankgrCG.G^) Versus Dayavati, Wfo Patiram, Caste Raut, ^ed about 38 yeare, RA) Village Ghededa, Tahsi! Bhanupratappur, District North Bastar, Kanker (C.G.) Samaru Ram S/o Narayan Raut, Aged about 65 years, Resident of ;Village Dongaigaon, Tahsil Bhanupratappur, District North Bastar, Kanker(C.G.5 State of Chhattisgarh, Through Coilector, North Bastar, Kariksr (C.G.) Abhijit Singh, S/o Radhoshyam, Caste Kshatri. Aghantin Bai W/o Samaroram Raut, Aged about 58 years. Amrit S/o Samaruram Raut, Aged about40years. Rajlal, Samaruram Raut, Aged about 35years. . Rambai W/o Nandlal, Aged about 38 years. Chhabiram S/o Nandlal, Aged about IQyears. : ' Respondents No.4 to 9 are Caste Raut, Resident of Village Dongargaon, TahsikBhanupratappQr, District North Bastar, Kahker (C.G^ IVl!scei!ansQusAp[»alunderOrd6r43Ru!e 1 (rtoftheCodaofCivi! grocedyre 3. 4. 5. 6. 7. 8. 9. Shri Prakash Tiwari, counsel for theappellant. (Pas^don 14th Jariuary, 2008) | Thls appealis being disposed of at the stage of admission witHout notice to the respondents -1- The appellant is aggrieved by an order dated 22-11-2007 passed by the Additional District Judge (F.T.C.), Bhanupratappur, District Ndrth Bastar-Kanker (C.G.) in Civi! Appeal N0.15-A/2007 whereby prayer for staying the partition proceeding before the Naib Tehsildar, Korar was A1- The appellant/plaintiff had fiied a civil suit for declaration of titleand permanent injunction before the Ist Givil Judge Ciass II, Bhanupratappur which was dismissed by the tria! Court. Being aggrieved, the appeliant/plaintiff preferred first appeal. Along with memo of appeal an application underOrder 39 Rule 1 & 2 C.P.C. was filed praying forstaying the continuance ofpartition proceeding beforethe NajbTehsildar, Korar. It was submitted that if the .partition proceeding before the Naib Tehsildar, Korar were not stayed, the respondents/defendants would alienate the suit property. This prayer was rejeeted by the lower appeliate Court on the jround that no irreparabie losswould be caused by eontinuation of the partition proceeding before the Naib Tehsiidar, Korar. am of considered view that a direction to the lower appellate Court to hear and finaily dispose of the appea! within a period of30 days from the date of receipt of a copy of this order along with a direction that partition proceeding before the Naib Tehsildar, Korarshall continue but no final ordershal! be passed'till final disposaS of Civil Appeal No.15-A/2007 would sufficetomeetthe endsofjustice. I"—— . Qrderedaccordingly.. ; g^ Theappeaistandsdisposedof. 1 Dilip Ragsgjjg^ Deshmukh Judge TuTnane