BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONERS /1) Sarpanch, Gram Panchayat Defendants WP. (Art 227) No. 63?'! L( /29@¢ a}; Kanvali through Chamar Singh Patel S/o. Jivrakhan, aged about 65 years, Caste Adhariya Secretary, Gram Panchayat KaIiXIali through Damodar Prasad Patel Both residents of Village Kanvali, Tahsil Dabhara, District Janjgir Champa (C.G.) RESPONDENT : , Gangadhar S/o. Jalram, aged Plaintiff Versus about 55 years, Caste Dansena, R/o. Village Kanvali, Tahsil Dabhara, District Janjgir Champa (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. FOR ISSUANCE OF ORDERLORDERS, ' APPROPRIATE WRIT]WRITS, DIRECTION] DIRECTIONS etc. HIGH COURT OF CHHATTISGARH AT BILASPUR Single Bench: Hon’bie Shri Justice Prashant Kumar Mishra Writ PetitiogjZZ?) No 6814 I 2008 Versus PETITIONERS Sarpanch, Gram Panchayat Kanvali and another. RESPONDENT Gangadhar Shri K.A. Ansari, Senior Advocate with Smt. Meera Amari, counsel for the petitioners. Shri F.S. Khare, counsel for the respondent, WRIT PETlTiON UNDER ARTICLE 227 OF THE CONSTETUTION OF INDIA ORAL ORDER (16.12.2910) This petition ariees out of an interim order passed by the First Additional District Judge, Sakti, in Miscetlaneous Civil Appeal No. 05/05, under Order 43 Rule 1 of C.P.C. Petitioners have made another prayer for dismissal of the suit as not maintainable. (2) in the return filed by the respondent it is mentioned that the Miscellaneous Civil Appeal No. 05/05 has already been decided and ‘final order has been passed on 09/0412009 vide Annexure R/1. L (3) in view of the above, challenged to the interim order passed in the said Miscellaneous Appeal has been rendered infructuous. (4) ln so far as the relief regarding dismissal of the suit as not maintainable, the petitioners would be at liberty to move appropriate application before the trial Court under the relevant provision of Code of Civil Procedure for making a prayer that the suit is not maintainable. The petitioners would also be at liberty to chalienge the final order passed by the learned Additional District Judge in Miscellaneous Civil Appeal No. 05/05. (5) With the above liberty reserved in favour of the petitioners, the instant petition is dismissed as infructuous.