^"n^ APPELLANT HIOH COURT OF CHHATnSGAjUI AT BHASPUR M.A. No.105/2008 Virendra Kumar Soiii, aged 40 years, son of Raghav Soni, resident of Sonipara, Araug, tahsH Arang, district Raipur(C.G.) (Defendaiit No. 2/11 purchaser) RESPNDBNTS VERSUS (1) (2) (3) Derha Raia, aged 40 years, son of Shri Shobhe Ram Lodhi, resideiit of Arang, tahsU Araag, district Raipur (C.G^.) (Plaintiff/First purchaser) Derha Ram., aged 60 years, son of Shri Itwari Lodhi, resident of Araag, tahsil Arang, district Raipur (C.G.). (Vendor/Defdt, No. 1). State of Chliattisgarh, fhrough the District CoUector, Raipur(C.G.). (Defendant no. 3). MISCELLANEOUS APPEALJUNDER SECTION 104 (11 (it READ WITH ORDER43 RULE Jl(r) QF THBCODE OF CIVIL PROCBDURE, 1908. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Romnath Venna, Advocate for the appeUant. Shri L.C. Das, Advocate for the respondent N0. 1. Ms. Morisha Chattri, Advocate for ftie respondent N0. 2. Shri Bhaskar Pyasi, P.L. for ftie State/respondent N0. 3. ORAL- ORDBR (Passedon 11/5/2009) 1. This is a miscellaneous appeal against the order dated 11/9/2008 passed by the Second Additional District Judge, Raipur in civil suit No. /••" 16'-S/2008 whereby leamed Second Additional District Judge, Raipur has granted temporary injunction against the appellant. . 2. During the course of argument, leamed counsel for the appellant submits that he seeks to withdraw this miscellaneous appeal with Uberty to file appropriate petition under Order 7 Rule 11 of the C.P.C. before the trial Court on the ground of iimitation. 3. Prayer is allowed. —z- 4. Consequently, miscellaneous appeal is dismissed as withdrawn with aforesaid liberty. ' . Y 5. No order as to costs. Sd/- T-p-_Sbaraia Judge ^... "BS aa®