•%>. HIGH COURT OF CHHATTISGARI-L BILASPUR Second Appeal No.234 of2011 /^\ (^^} APPELLANT/: (Plaintiff) RESPONDENTS/: (DefendantNo.1) (Defendant No.2) Soma Santram Sinha, aged about 55 years, S/o Samaru Ram Sinha, R/o Village Khatti, Tahsil and Distt. Raipur (C.G.) Versus 1. Aajuram Nishad, S/o Shri Tiharu Ram Nishad, R/o Village Khatti, P.H.No.112, Post Vidya. Mandir Parsada, Tahsil Abhanpur, District Raipur (C.G.) 2. Collector, District Raipur (C.G.) Through StateofChhattisgarh, Raipur (Correct title) State of Chhattisgarh, Through Collector, ^Raipur (C.G.) {Second appeal underSection 100 of the Code of Civil Procedure, 1908} Present: Mr. P.P. Sahu, counsel forthe appellant. Mr. Sanjeev KumarAgrawal, Panel Lawyer for the State/respgndent No.2. Single Bench: Hon'ble IVIr. T.P. Sharma. J ORAL ORDER (22-7-2011) 1. This is second appeal against thejudgment & decree dated 21-4-2011 passed by the 3 Additional District Judge, Raipur in Civil Appeal No.5A/2011 affirming the judgment & decree of dismissal of suit passed by the 13 Civil Judge Class-11, Raipur in Civil Suit N0.256/A/2009, dated 20-1-2010. 2. After arguing for some time, learned counsel for the appellant submits that both the Courts below have dismissed the suit and the appeal, filed for specific performance of contract on the ground that before filing of such suit, the appellant herein has filed suit of similar nature which was dismissed for want of prosecution and the application for restoration of said suit was also dismissed and, therefore," the appellant is precluded from filing fresh suit. In these circumstances, learned counsel seeks to withdraw this appeal with liberty to approach competent court against the order dated 12-4-2002 passed by the 5 Civil Judge Class-1, Raipur in Miscellaneous Civil Case No.8/2000. 3. The second appeal is dismissed as withdrawn with liberty aforesaid. No order as to costs. Certified copy of the judgment & decree impugned be returned to cpunsel for the appellant on his submitting the duly attested Photostat copy of the same. ^' , T.P. Sharma Judge 1