HIGH COURT OF CHHATTISGARH AT BILASPUR Second Appeal No.87l2004 Single Bench: ‘ Hon’ble Shri Diiig Raosaheb Deshmukh, J. MEMORANDUM OF SECOND APPEAL-UNDER SECTION 10b OF THE CODE OF CIV!L PRODECURE 1908 Present:- Shri R.P.Tripathi, counsel for the appellants. Shri H.S.Patel, counsel for the respondent No.1 . Shri Akhil Agrawal, P.L. for the State/respondent No. 3. v ORAL ORDER/JUDGMENT (Passed on‘this 3'a day of May, 2007) Heard learned counsel for the appellant on admission. a (2) l have perused the record of Civil Suit No.1-N2001. l have also perused the judgment of the learned trial Court as also the First Appellate ’Court. Both the Courts below have, recorded a concurrent finding of fact ,D,A i iv APPELLANTS 1. Duje Ram Slo Late Nanki Satnami, aged DEFENDANTS 67 years. 2. ‘ Sukanth @ Shrikant s/o Dujeram Satnami, aged 24 years. 3. Minor Dharam Singh S/o Dujeram, aged 17 years, through natural guardian mother Urmila W/o Duje Ram. All by occupation cultivation, R/o ViHage Mudhwabhata, P.S. & Tehsil Sarangarh, District Raigarh (C.G.) r . VERSUS RESPONDENT 1. _ K Smt. Khik Bai D/o not known, aged 27 PLAiNTiFF years, occupation house wife, resident of Mudhwabhata, At present residing at Hirri Thana and Tehsil Sarangarh District Raigarh (CG) ‘ (Plaintiff) Ghanshyam Singh, son of Late Shri Bhuvan Singh Thakur, aged about 80 years. . 3. State of Chhattisgarh through the Coilector, Raigarh (C.G.) that Khik Bai, the respondent/plaintiff herein was the daughter of Tij Ram through Mundin Bai who was the wife of Tij Ram through churied form of marriage. Since both the Courts below have on proper appreciation of eviderice, oral as we" as documentary recorded a finding of fact that Khik Bai, the respondent/plaintiff herein was the daughter of Tij Ram through his chun‘ed wife Mundin Bai, and therefore, decreed the suit for declaration of V2 share in the suit property and for possession after partition thereof in favour of the respondent/piaintiff, i am of the considered opinion that no substantial question of law arises in this appeal. (4) ln the result, this second appeal being devoid of merit is dismissed at the stage of admission. There shall be no order as to costs. (5) ln view of above, M.(C.)P.No.241 of 2004 for stay as also l.A.No.2266 of 2006 which is an application for out of turn, early listing of the case stand disposed of. Sd/n AHE3 DESHMUKH DILIP RAOS Judge p l ll