HIGH COURT OF CHHATnSGAlfiEIAT BILASPUR 8B<Mm> AFPBM. HO. 238/2011 APPBLLART Plaintiff RESPOITOBNTS Defendant Versiw 1. 2. Pusau Rain S/o Hatoi Ram aged about about 63 years R/o Tekapar Tahsfl Batod Ustt. Duag (C.G.). Phool Chand S/o Sobha Rani Sahu si^ed abowt. 40 years R/o Village Tekapar Tahsil Batod Distt. Durg (C.G.). The State of C.G. fhrough CoUector, Diag Distt. Dmg (C.G.). 8BCOND APPEIAL UHDBR 8BC"nON IW OF THKWWB QF CIVn. PROCEDURE. (8B :Hon'Me Iffir. T.P.Sharna, J.) Present:- Shri Punit Ruparel, Advocate for the appellant. Shri Vinod Kumar Tekam, P.L. for the a.ate/respondent No. 2. Respondent No. l not noticed. ORAL- JUDQEMrarT (Passedou 12/08/2011) 1. By this second appeal under Scction 100 of the Civil Procedure Code, 1908 against the judgment and decree dated 23/6/2011 passed by Additioiial District Judge, Balod District Durg (C.G.) ia cwil appeal No. 162A/11 affirming the judgment aad decrec of disxnissal of suit for declaration of agricultuxal laad filed by prescnt appeUant before the First Civil Judge Class-2, Batod in civil suit No. 3A/05 dated 26/12/05. 2. Shri Punit Ruparel, Advocate for the appeUant and Shri Viaod Kumar Tekam, P.L. fbr the State/resEondcnt No. 2 arc heard. 3. Both fhe judgmcnt and dccree'perused. 4. As per judgment and decree ofboth the Courts below, Court bclow has disinissed the sutt on the grouad of absence of causc of action which has been afiBirmed by the Flrst AppeUate Courfc Both fhe judgments reveal that respondcnt No. 1 has not objected fhe possessioa of appellant and there is no dispute between appellant aud respoadent No. 1. In these cacumstaaces virtiiaUy thcre was no cause of action for filmg suit for declaration evca ofherwise both thc judgments reveal tlat at fhe tiine of filmg siat age of appcUant was 63 years aad as per his pteading he is ia possession ia suit land fioxa 60-70 ycars, this m pateutty false. By dAstmssing suit aud appeal bofh ffac Courts below have not coiamitted aay illegality, I do not find aay substaatifll question of law for dccteion of fhis second appeal. Consequcntty, sccmid appeal is devoid of nierits and same te liabte to be disaaissed aMd is hcrcbv dismissed. No order as to costs. Sd/- p < ^•^. anarm; ^