HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No. 635 of 2003 Single Bench: Hon’ble Shr—Nustice Dilip Raosaheb Deshmukh, J. Appellant Lainu, aged about 7O years, Sio Bakhariya (Plaintiff) Satnami, R/o village, Gadapara Tahsil Lormi District Bilaspur (C.G.) Versus Resgondents : 1. 'Sharda Mani w/o Bhagat Ram Satnami, Aged (Defendants) about 40 years Rio viHage Dabo Tahsil Mungeli 2. Bhagai Ram S/o Saiik Ram Satnami, Aged District Bilaspur C.G. about 50 years Rio Katghora. Near at Police Station, Tahsii Katghora, District Biiaspur C.G. Now at Korba. Malik Ram S/o Lainu Satnami aged about 40 years. Saiik Ram S/o Lainu Satnami, aged about 45 years. Phaguwa Slo Lainu Satnami, Aged about 40 years. ‘ Jawahar S/o Lainu Satnami, aged about 39 years. Lekhu, S/o Lainu Satnami, aged about 34 years, Sr.no.3 to 7 Rlo viiiage Gada para, Tahsii Lormi, District Biiaspur C.G. 8. Jamunabai‘ D/o Lainu Satnami, aged about 43 years, R/o Phokatpara, Mungeii, Tahsii Mungeii, Distt. Bilaspur (C.G.) 9. Jamun Bai, W/o Kartik Ram, aged about 39 years. R/o Viii. Pipertarai, Tahsii Kota, Distt. Bilaspur (C.G.) 10. Birji Bai, Wio Ramprasad. aged about 37 years, R/o Phokatpara, Mungeli, Tahsil Mungeii, District Biiaspur (C.G.) -11. State of Chhattisgarh, Through — Coiiector Biiaspur (C.G.) Smt. Usha Chandrakar, Counsei for the appeiiant. Ms. Sangeeta Mishra, Counsel for the respondents No. 3 to 8 Shri Akhii Agrawal, Counsei for the respondent No.1 1/State. JUDGMENT IOBQER (Passed on 28.03.2007) Smt. Usha Chandrakar, Iearned counsel for the appetlant‘ seeks permission to withdraw this Second Appeai with liberty to file a fresh suit for declaration that the sate deed executed by Lainu in favour of the defendants was in fact a mortgage. The appellants are at tiberty to tal<e recourse to such remedy as is available to them under law. The appeal is dismissed as withdrawn. There shall be no order as to costs. u s M.C.P.No.401 of 2006 for stay and M.C.P.No.478 of 2006 under Order 39 read with Section 151 of C.P.C. also stand dismissed. A651 a Sd/— Dilip Raosaheb Deshmulditi Judge e97": ’”