(•^ Singla Bench IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) MISCELLANEOUS APPEAL N0. •^(" OF 2011 APPELLANTS ^defendants 1. rv ^'^"^ /-•{Tfy^ '<i^v ^y ^^^ o' ^ Prabhat Pan.dey, aged about 44 years, S/o Late Banshilal Pandey, Manju Pandey, W/o Prabhat Pandey, aged about 40 years, Both are R/o Village Karhi, Post Sargaon, Tahsil Pathariya, District Bilaspur (C.G.) RESPONDENTS Plaintiffs VERSUS 1. 2. Kunjram Sharma, aged about 70 years, S/o Chandulal Sharma, Retired Clerk, Irrigation Department, R/o Village Karhi, R.N.M. Sargaon, Tahsil Pathariya, District Bilaspur (C.G.) At Present R/o Yadunandan Nagar, Qr. No. D- 273, Bilaspur, District Bilaspur (C.G.) Rajenra Prasad Sharma, aged ~ s. < about 72 years, S/o Ramkhilawan Sharma, Retired Traffic Superintendent, State Transpori: Corporation, R/o » Village Karhi, R.N.M. Sargaon, Tahsil Pathariya, District Bilaspur (C.G.) At Present R/o Kasturba Nagar, Ward No. 4, Sindhi Colony, Bilaspur, District Bilaspur (C.G.) ^ MISCELLANEOUS APPEAL UNDER ORDER 43 RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE T XI-HC—78 'S^I '<fwiw<i, t5til'H'i|(», fs|<niyy,< ^,..M^.^.. i^Wv\{ *t(|ch •-—•—•• ••-~r-""^ 2QQ 3nSST'ipR7(l»<[^<^) 311^1 ^RTf^iq? 'cT'ff 3H^T stt*ltch ^ ^ 4- T'Eaiw^rittt sn^r S.B: HON'BLE MR.JUSTICE N.Kt AGARWAL 14.07.2011: Shri P.P. Sahu, coimsel fori Instant appeal is directed passed by Additional District Jud^e, Suit No. 3-A/2011 whereby petitio^iers construction over the suit property|till Counsel for the appellantsj raised any construction during construction in future till decisionl whateverthey have raised, the $. filing of the sult. tn view of above submissiitns instant appeal on merits. Howevei) the suit expeditiously. The misc. appealstands di ^l<i[<n41Tt 'Tm^ff ^ ^^ •(.^i'^R ^sifiiHsn^i he appellants. against the order dated 4.5.^)11 i, Mungeli, District Bilaspur in Civil are restrainMl from raising any decistonofthesuit. submits that appellants have not pertdency of sutt nor they will raise any lof the suit. He further submits that feame have been rai^d before the »,there is no need to deeide the the trial Court is directed to deetde ^posed of. Sd/- N.K. Agarwal Judge ^