APPBLLANTS: (PLAINTIFyS! HIGHCOURTLQF CHHATTISGARH AT BILASPUR SBCOND APPBAL N0. 41S QP 2008 (1) Bffiu @ Punam, S/o Bodhram Dewar, aged about 38 yeara, (2) Bawan. S/o Bodhrain Dewar, aged about 43 years, (3) vljay S/o Bodhram Dewar, aged about 41 years. (4) Sm.t. Geeta Bai W/'o Late Bodhram. Dewar, aged about 64 years. AU R/o Dewarpara, Indira Nagar, Raigarh, Distt. Raigarh (C.G.), VERSUS (1) Nisar AU, S/o Ishaque Ali, aged about 52 years, (2) Lal Bahadur, S/o Tripad Singh, aged about 59 years. (3) Bhola Ram:, S/o Daulat Ram, aged about 62 years. (4) Tirafh Ram, s/o Shaabhu Prasad, aged about 58 years, (5) Arun Kumar, S/o Nani Gopal Chakrawarti AU R/o Indira Nagar, Raigarh, Tah. & Distt. Raigarh(C.G.). KESPONDEtiTS: (DEFEiNDANTSI 2. 3. naEMORANDUM QF SECOND APPBAL UNDER SECTION 100 OF THE CIVIL PROCEDURE CODB. (SB :Hon'ble Ifflr. T.P.Sharma, J.) Present:- Shri Awadh Tripathi, Advocate for the appellants. Resoondenl.s not noticed, ORAL- JUDGBMBNT (Passed on 04/08/2011) By this second appeal und.er Section 100 oftbe Code ofCivfl Procedure, 1908 appeUaats have chaltenged the legality aad propriety of the judgment aud decree dated 29/9/08 passed by District Judge, Raigarh, District Raigarh (C.G.) in civil appeal No. 14-A/07 afBrmmg flie judgment and decree of disnaissal of suit dated 6/7/2007 passed ia ciyU suit No. 41A/06 whereby Civil Judge Class-2, Raigarh has dismissed ftie suit for declaration aad confirruation of possession. Shri Awadh Tripafhi leamed counsel for fhe appellaats is heard. Both thejudgments aad record ofCourtbelow perused. . -^!!S!S^~ ^' •^•••'y' 2-- 4. As per both the judements and decree. botfa the Courts below have dismissed fhe claun of the appeUaats on the ground that appellaats have faUed to proofthe fact fhat plot No. 37/2 was initiaUy plot No. 12/2 or part of 12/2, ia absence of such prove both fhe Courts below bave not cominitted aay fllegality in dismissiag claun/ suit & appeal, I do not find any substantial question of law for decisioa of second appeal. ConsequenUy, second appeal is Bable to be disiaissed and is hereby disiuiissed at fhe stage of adinission itself. No order as to costs. Sd/- T.P.Sharma Judge -r^