K6 HIGH GOURT OF CHHAmSGARH AT BILASPUR Siiiaie Bench : Hon?b!e Shri Diii^ Raosaheb Deshmukh, J» SecondAppealNo.168^006 Appellant Piamtjff 't^- ResBondents Defendants "r Chhote Lal, aged 75 y^rs, S/o Manjhi, Caste Satnami, R/o Moftalla Magarpara, Biiaspur, Tahsil and District Bitaspur (C.G.) through attorney Boda @ Santan Lai, aged 59 years, S|fo Deen, Dayal, Caste-Satnami, R/o Moi^alta Masanganj, Bilaspur, Tahsil and District Bilaspur (C.G.) Versus 1. Rambharos, deceasedi through legal i hetrs: (A) Raghubir Singh, aged 45 years, S/oiate Rambharos, Raiiway empioyee, S.E.RaJlway, Link RoadjTown Bilaspur Tahsil and District Bilaspur (C.G.) • (B) Baiveer Singh, aged 42 years, S/o iate Rambharos, Semce in Teiecommunicatjon D6partment Link Road, Town Bilaspur, Tahsii and DIstrict Bilaspur (C,G.) : - (C) Jagdlsh Singh, aged 31 years, S/o late Rambharos, B.E.C. Fertjlizer Department, Link Road;-Town Biiaspur Tahsii and District Biiaspur (C.G.) (D) Rajesh Singti, aged 24 years, S/o late Rambharos, Service In M.P.E.B., Link Road, Town Biiaspur, Tahsi! and District Biiaspur (C.G.) (E) Ku Geeta, aged 33 years, D/o late Rambharos, R/o Link Road, Town Biiaspur, Tahsit and Dsstrict Biiaspur (C.G.) (F) Satish Singh S/o late Rambharos, Link Road, Town Bi!aspur, Tahsil and District Bilaspur (C.G.) (G) Ku. Pushpa, aged 29 lyears, D/o late Rambharos, Executive Engineer ^E.QL, Link Road, jTown Bilaspur Tahsji and District Biiaspur (C.G.) ((H) Smt. Chandra Devi, aged 39 years; D/o late Rambharos, R/o Link Road, Town BiSaspur, Tahsil and Distrsct Bilaspur (C.G.) (!} Smt. Sunder Devi, aged 68 years; Widow of late Rambharos, R/o Link Road, Tov^n Biiaspur, Tahsil and District Bilaspur (C.G.) (2) Rampyare, deceased through - legai heirs;- (A) Tulsi Bai, D/o Rampyare, aged 44 years, 1 ^••f ^^ -2.- H (B) Rukmani Bai, D/o Rampyare, aged 50 year8,.:-.'.- .;• : •.-^•; ;.;:".'..:. Both are R/o Vinoba Nagar, Bilaspur, TahsJ!andDistricfBitaspur(C.G.) (C) Kaushal Prasad, aged 25 years, S/o Rampyare, R/o Deepupara, Tarbahar, Biiaspur(C.G.5 Second Appeal under under Section 100 of tHe Code of Civil Procedure. Present: -Shri Saifuddin Rajas, counse! fbr the appeliant. i ORAL ORDER (Passed on this 11thday of February, 2009) Learned counset for the appetlant sought psrmission to withdraw this second appeal with liberty to institute a fresh suit based oh tjtle. (2) Accordingly, this second appeal is dismsssed as withdrawn. The appellant is at iiberty to \take steps availabie under law. CQnsequently, M.(C.)P.No.656/2006, which is an application for grant of an Gfder of sfafus guo wjth respect to suit property, also stands disposed of. Sd/- DUip Raosaheb Deshmukh Judge Tumane ^ z