3. 4. HIGH COURT OF CHHATTISGARH AT BILASPUR SBCOND APPEAL No. 240/2011 APPBLLANT (DEFBNDANTt RBSPONDENTS PLAINTIFFS VERSUS 1. 2. Ishwar Lal, S/o Maha Siagh, aged about 46 years, R/o Vfllage Makardona, Tahisl Nagri, Distt. Dbamtari (C.G.). Sona Bai, Wd/o Late Pyari Lal Sahu, aged about 70 years, R/o vfflage Makardona, TahsU Nagari, Distt. Dhamtari(C.G.). State of Chltattisgarh Through CoUector, Dhamtari, Distt. Dhauitari (C.G.). SECOND APPEAL UNDER SBCTION 100 OF TIiB CODE OF CIVIL PROCEDURE, 1908. (SB :Hoa'ble Bfa. T.P.Sharma, J.) Present:- Shri B.P. Singh, Advocate for the appellant. Shri Vinod Kumar Tekam, P.L. for the State/respondent No. 2. Respondent No. 1 not noticed, ORAL- JUDGEMENT (Passedon 27/07/2011) By this second appeal under Section 100 of fhe Code of Civil Procedure, 1908 agaiust the judgment and decree dated 24/6/2011 passed by Additional District Judge, Dhamtari District Dhamtari (C.G.) ia civil appeal No. 49-A/ 11 afBnniag the judguient and decree of dismissal of suit dated 30/6/09 passed by Second Civil Judge Class-2, Dham.1ari in civil suit No. 47-A/2008. Leamed coucisel for fhe appeUant subniits fhat he seeks to wifhdraw ttus second appeal with Uberty to file suit for declaration if so advised. Prayer aUowed. Consequentty, second appeal is disinissed as wifhdraron with aforesaid liberty, Certified copy of the judgnient and decree impugaed be retumed to fhe leamed counsel for the appeUaat afljer subinission of duly photostatted copy offhe same. No order as to costs. *•'" — — Sd/- TK