^\ HiGH COURT OF CHHATTISGARH: BILASPUR ff^T Single Bench: Appellant PSaintiff Respondent Defendant Hon'ble Shri Dilip Raosaheb Deshmukh, J. Second Appeai No. 85 of 2007 Jaibunnisha, W/o Jabbar Ali (Died) through Legal Representatives - Abbas A!i, S/oRahmatullah Khan, aged about 62 years, by caste Musalman, resident of Viliage Patna, Tahsil Baikunthpur, Distt. Korea (CG) Versus Smt Saidha Bano, W/o Late Munnawar A!i, aged about 53 years, occupation House wife, resident of Village Patna, Thana Patna, Tahsil Baikunthpur, Distt. Korea (CG) Wtemorandym otSecond Appeal under Secti^ of the Code of CivH Procedure Present: Shri Sunil Tripathi, counsei for the appeijant/'plaintiff. ORAL ORDER (Passed on 04.08.2008) Learned counse! for the appeiiant has submitted that he may be permitted to withdraw this appeal with liberty to institute a fresh suit against the respondent/defendant for eviction from the suit premises after giving Jegal notice under Section 106 of the Transfer of Property Act. (2) In view of the submission made, the appeal is dismissed as withdrawn. The appellant is at liberty to take recourse to such legai remedyas is avaiiabieto himunderlaw. ? g^/, 1 DUip Raosaheb Deshmukh Judge Ban/e