HIGH COURT OF CHHATTISGARH. BILASPUR Second Appeal No.60 of 2011 APPELLANT/: (Defendant No.2) Mohanlal Patel, S/o Late Bhojram Patel, Aged about 60 years, R/o village Basantpur Tah. and Distt. Raigarh (C.G.) RESPONDENTS/: (Plaintiff) (DefendantNo.1) Versus 1. Shukwarabai Panika W/o Kartikdas (Defendant No.3) Panika D/o Amardas, Aged 38 years," caste Panika R/o village Basantpur Tah. and Distt. Raigarh (C.G.) 2. Amardas Panika, S/o Bodhidas @ Nankidas, Aged 56 years, caste Panika R/o village Basantpur Tah. and Distt. Raigarh (C.G.) 3. State of Chhattisgarh, Through the Collector Raigarh, Distt. Raigarh (C.G.) '^ {Second civil appeal under Section 100 read with Order 41 Rule 1 & 2 of Civil Procedure Code} Present: No.3. Mr. Vijay K. Deshmukh, counsel for the appellant. Mr. Vinod Kumar Tekam, Panel Lawyer for the State/respondent Soma Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORDER (22-9-2011) 1. By this second appeal under Section 100 of the CPC, the appellant has challenged legality and propriety of the judgment & decree dated 24-11- 2010 passed by the District Judge, Raigarh in Civil Appeal No.29A/2008 modifying the judgment & decree dated 18-8-2008 passed by the 2nd Civil Judge Class-1, Raigarh in Civil SuitNo. 149/2006. 2. After arguing for some time, learned counsel for the appellant seeks to withdraw the appeal with liberty to file civil suit for general partition against respondents No.1 & 2 herein and for allotment of land purchased by the appellant herein in his share. 3. The appeal is dismissed as withdrawn with liberty aforesaid. No order as to costs. T.P. Sharma Judge