•\ '< ^ HIGH COURT OF CHHATTISGARH AT BILASPUR Appellant Plaintiffs Respoadents Defendaats S.A. No. 312 QF 2011 Harbansh Sin.gh Son of late Mehar Singh, aged about 70 years, R/o Pui-ana Gourela, Pendra, TahsU Pendra, District BUaspur (C.G.). VBR8US 1. 2. Asha Tiwari wife of Hariom. Tiwari, aged about 40 years, R/o Tiwari Photocopy C^ntre, Pendra, Tah.sU Pendra Road Distdct Bilaspur (C,G,). Panja Siagh Wife of late Mehar Siiigh, aged about 60 years, R/o Puraaa Gourela, Pendra, TabLsU Pendra, District Bilaspur (C.G.). SBCOND CIVIL APPBAL UNDBR SBCTION 100 OF THB CODB QF CIVIL PRQCBDVRE. (SB :Hoa?ble Mfe T.P.8harma»J.) Present : Ms. Haniida Siddique, Advocate for the appellant. Respondents not noticed. JUDGEMBNT (Passedoa 17/10/2011) By this second appeal under Section 100 of fhe Civil Pi'ocedure Code, 1908 appellant has chaJlenged the legality aad propriety of fhe judgment and decree dated 25/7/2011 passed by Additional Distdct Judge Pendraroad, District BUaspur (C.G.) iii civU appeal No. 46- A/2011 ajErmmg the judgment aiid decree dated 26/8/2010 passed by Civil Judge Class-1, Pendrai'oad Distdct BUaspur (C.G,) ui civil suit No. 292-A/2002 whereby civU suit for eviction filed against respondent No, 1/tenaat has been disniissed. After sorae argunient, leamed counsel for fhe appeUaat subiiiits tiiat on account of alleged agreeiaent to seU executed on behalf of fhe respondent No. 2 co-owner of the property both the Courts below have disniissed tlie suit and appeal by ai'riviag at a fuiduig that al'ter execution of such agreeinent to sell appeUaat has failed to prove tlie relationship of landlord and tenaat between appeUant aad respondent No. 1 tiiese are tlie questions to be decided by filing /\ "^. ^ ^N^.- <A -4t- c^ separate civil suit aad would ,not be possible to decide in eviction suit ofsummery in suit therefore she seeks to withdraw this second appeal with UberU^ to llle appropiiate suit before the regular Court. 3. Con^eQuently, second appeal agaiast suinmeiy decision is disniissed as withdrawn witli aforesaid Uberty. No order as to costs, 4. Certi&ed copy ofthe judgnients aad decrees impugned be returaed to fhe leaiTied counsel for the appeUaat on her submittmg duly attested photostat copies offhe saine. Sd/- T.P. Sharma Judge