Appellant Plaintiff Respondents Defendants H!GH COURT OF CHHATTiSGM^H AT BiLASPUR Second Appeal NoA28 of 2009 Bisahu S/o Jirjocihan Dirobi.aged about 44 years, R/o Village Biainso, Tahsil Pamgarh, Disiri'ct Janjgir-Champa Versus 1. Kashsram S/o Joidba Barelh, ^ed about 60 years, R/o vaiags .BhainsQ, Tahsil Pamgarh, District Janjgir- Champa (C.G.) 2. State of Chhattisgarh through Coilector, Janjgir, District Janjgir-Champa (C.G.) (Second Appsal under Section 100 (rfthe CF'C) Present: iyir.Devesh Chand Verma, counsei for the appeliant. Mr.U.K.S.Chandel, Panel Lawyer for respondeni No2/State. (SB: Hon'bte Mr. T.P. Sharma, J.) ORAL ORDER (30-9-2010) 1. By this second appeai, the appeltent has challenge«jthe tegaiity and propriety of the judgment and decree dated 25.7.2009 passed by fte Additiona! District Judg®,Janjgir, in Civil Appeal No.lOA/2008, afRnning the judgment and deoree of dismissal of suit dated 27.8.2008 passed by tha 2 CMI Judge Class-1, Pamgarh, in Civil Suit No.96-A/2007. 2. As per pleading of ths parties, fte present appdiant is owner of khasra No.365/2 and respondent No.1 has encroached the land owned by ths appeliant, but as per pieading pf respondent No.1, rsspondent No.1 is ov/ner and occupier ef khasra No.365/1, he has not encroached the iand ofths appeSlanfc No party has applied for demarcatioR. Land has not been demarcated. !n tbe abssnce ofany demareation, both the Courts beiow have justifieci in disraissing the sult and appeal. 3. I do not find any substantiat question of law for ths dedsion of ths appeal. ConsequenUy, the appeal is iiabte to be dismissed and It is hereby dismissed at the motion stage teeif. However, the appeltant may take appropriste remedy before appropriate forum. No order as to costs. ,,——-— 4. Pending applications, if any, stand disposed of. Sd/- T.P. Sharma Judge ^