•st*1 PETITIONER Defendaat HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Art 227) N0. 4098/2010 Murari Lal Sahu Aged about 40 years, S/o Jagdish Prasad Sahu Dabripara, P.S. Patna, Tahsil Baikuntb.piir, Distt. Koria (C.G.). RESPONDBNTS: Plamtiff Defeadant no. 2 VBRSUS 1, 2. Smt. Sushila Sahu, aged about 35 years, Wd/o Late Radheshyam Sahu, R/o Bavaspara, Tahsil Baikunttipur, Distt. Koria (C.G.). State of Chliattisgarh Through the CoUector, Koria, Baikuathpur, Distt. Koria (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Preseat:- Shri D.N. Prajapati, Advocate for the petitioner. Shri Rakesh Jha, Dy. G.A. for the State/respondent No, 2. None for fhe respondent No. 1, notice not served. ORAL- ORDER (Passed oa 03/08/2010) Heard. Order impugned dated 8/7/10 passed by District Judge, Baikunfhpur Distt. Koria in Misc. Civil Appeal No. 7/2009 and order dated 9/11/09 passed by Civil Judge Class-2, Baikunthpur iu civil suit No. 34-A/09 perused. Vide oider dated 9/ 11/09 order of tem.poraiy iajunction against present petitioner in favour of the respondent No. 1 has been granted by fhe Civil Judge Clads-2, Baikunthpur which was chatlenged by present petitioner ia appeal and sanie was afiGnued by the District Judge, Baikunfhpur Distt. Koria. S tS2'S%: .;..-. :I.S"yl "<t 6. 7. 8. Leamed counsel for the petitioner subinits that property owned by Radheshyam Sahu is in possession of the petitioner on the basis of wfll deed executed by the deceased Radheshyam Sahu on 29/9/08 who died after 6 days ofsuch execution i.e. 5/10/08. Learaed counsel for fhe petitioner further submits fhat petitioner has mutated his name ia the Revenue Record aud is iu peaceful possession and both the Courts below has not considered fhis niaterial aspect of the case aad has graated teinporary injunction agamst fhe present petitioner relating to possession of the siiit property. Both the order reveals tfaat alleged will has been executed 6 days before fhe deafh of fhe deceased i.e. husband of fhe respondent No, 1 who has natural heir of the deceased Radheshvam Sahu. Learued CivU Judge Class-2, Baikunfhpur has discussed tiie case in detaU aad has giaated teinporaiy uyunction ia favour of the respondent No. 1 who is natural heu" agam.st fhe petitioner who has claitaed rights on the basis of aforesaid sale deed. On close scrutiay of fhe order of bofh the Courts below, I do not find any iUegality requiring any uiterference in temis of under Article 227 of the Constitution of India. Consequenfly, petition is Uable to be dismissed and is hereby disnussed. AU iateriin appUcations are also dismissed. No order as to costs, -~~~~ T. R Sharma Judge -n-