HJGHCOURT OF CHHAniSGARH AT BILASPUR Single^ench : Hpn'ble Shri Dilip Raosaheb Deshmukh, J. Appellant Respondents M.A. No.83/2008 Onima Singh, W/o Shri Naresh Singh, Aged about 35 years, R/o Q. 178A, Ruaabandha Sector Bhilai, Distt. Durg (C.G.) Versus Arvind Kumar Banjare, S/o Late Shri Govardhan Lal Banjare aged about 37 years R/o Chandi Chowk, Mathpara Durg Dist. Durg (CG) State of Chhattisgarh, Through : The Collector, Durg (CG) Memo of Appeal under Order Section 43 Rule1 (R) of Civil Procedure Code, 1908 Present : Shri Vipin Tiwari, counsel for the appellant. Shri G.D.Vaswani, G.A. with P.R.Patankar, P.L. for the respondent/State ORAL ORDER (Passed on 08"' September, 2008) The appellant is aggrieved by an order dated 12.08.2008 passed by the 9th Additional District Judge (F.T.C.), Durg passed in Civil Suit No.2- A/2008 whereby the application under Order 39 Rules 1 & 2 read with Section 151 of the Civil Procedure Code filed by the respondent No.l/plaintiff was allowed and the appellant/defendant was restrained from alienating or creating third party interest in the suit property till disposal of the suit. 2. <"AJs not disputed in this appeal that on 11.1.2008 the appellant herein had agreed to sell Kh. No.943 area 0.17 hectares to the respondent No.l/plaintiff for a consideration of Rs.23,00,000/-. It is also not in dispute that the appellant had received a sum of Rs.9,01,000/- from the respondent/plaintiff as part payment ofthe consideration. 3. Having heard the submissions, 1 have perused the impugned order dated12.08.2008. I am of the consideredopinion that the learned 9th Additional District Judge (F.T.C.),Durg, has rightly allowed the application under Order 39 Rules 1 & 2 read with Section 151 ofthe C.P.C. filed by respondent No.l/plaintiff and restrained temporarily the apaellantjierein <£-' Anjani from alienatingor creating third party interest in the suit property till disposal of the suit. 4. There is no merit in this appeal which is accordingly dismissed ait the state of admission. 5. The learned 9th Additional District Judge (F.T.C.), Durg shall endeavour to expeditiously decide the suit preferably within 6 months from today. Sd/- DUip Raosalieb Deshmukh Judge -^"•^1 1^1 -