AppelSant Defendant HSGH COURT OF CHHATTSSGARH AT BiLASPUR Second Appeal No.201 of 2811 Mahatma Lai Kabrayat s6n of Loknath Kabrayat, aged about-50 years, R/o Baikunthpur Dhangapdipa, Rasgarh, Distt.Raigarh (C.G.) Versus 1. Manoranjan Prasad Pandey S/o Mokar Prasad Pandey, R/& Baikunthpur, Raigart!, TahsU and Distt.Raigarh (C.G.). 2. State of Chhattisgarh through Collector, Raigarh Distt.Raigarh (C.G.) (Second Appsa! under Section 100 ofthe CPC) Mr.M.K.Sinha, counsei for the appellant. Mr.Rakesh Pandey, counsel for responctent No.1. Mr.Vinod Tekam, Panel Lawysr for resopdnent No^/'State. (SB: Hon'bie Mr. T.P. Sfeanna, J.) ORD6R (ORAU (27-8-2011) 1. By this Second Appeai under Soction 1©0 of the Code of Civil Procsdure, the appellant has ehalienged the legaiity & propriety of the judgment & decres dated 25.3.2011 passsd by the Distriet Judge, Raigarh, in Civii Appeai No.17A/2007, whereby the iearned District Judge has partty modified the judgmsnt & decree ofths Third Civil Judge Ciass-lt, Raigarh in Civii Suit Nq.185A/06, wherebythe teamed T'nird Civil Jutige Class-il has decreed th®suit.for declaration and possesston of the disputed property ,and granted decree of declaration and possession relating to 1571 sq.feet. land. Whiie modifying the judgment & decree the iov.'er appellate Court has dsereed the suft for d^iaration and possession to the extent of 988 sq.ft. 2. ! have heard learned counsel for the parties, perused frie judgmsnt & decree impugned,-judgment & decree of the trial Court and records of the C^urts beiow. - B.8Sb- Sife?' iBtis- "^!^^. 4: ^ — 2.' Both the judgment & decree of the Courts bsiow, records of the Courts below and submission of She parties reveat thaf the present appeilant has purchased three decimai land i.e. about 1310 sq.ft. Sand from Mokar, father of respondent No.1 and he is In possession. !n first round of litigation, case was remanded for deciding the case on the basis of dsmarcation at the instance of se Court and when it was demai'cated, 2445sq.ft. was found in possession of the present appeiiant by revenue inspector Msniram Sahu (PVtf-4). He has deposed that ou{ of the aforesaid iand 150 sq.ft. iand^was ownsd by ons Gourishanter. After adjusting the aforessid !and the iower appeiiai® Gourt has granted decree reiafing to 988 sq.ft. iand on second round of iifigation on the basis of caicuiation and demarcation. Lower appellate Court has not committed iiiegaiity reiating to grant ofsuch decree. i do not find any substance in the appeai involving substantiai quesBon of iaw. The appeal is iiabie to be dismissed and it is hereby cdsmissed at the motion stage itseif. No order as to costs. Sd/- T.P. SNrma Judge