EE HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench : Hon'ble Shri Dilip RaosahefcDeshmukh, J. Second Appeal No.35 of 2009 Appellants Plaintiffs Respondents Defendants 1. Vishwambhar, S/o Lakheshwar, aged about 40 years. 2. Tulsi Prasad, S/o Lakheshwar, aged about 48 years. 3. Dayalal, S/o Triloki, aged about 45 years. 4. Chintamani, S/o Triloki, aged about 43years. 5. Smt. Sohadra Bai, widow of Triloki, aged about 65 years, All are R/0 Village - Jaraharan, Patwari Halka No. 42. Revenue Boar Circle Sankra, Tahsil and District Mahasamund, (C.G.) Versus 1. Indrajeet, S/o Dasrathi, aged about 50 years. 2. Shiv Shankar S/o Shahdeo, aged about 48 years. 3. Mullu, S/o Sadanand, aged about 47 years. All are R/o Village Jarabharan, Patwari Halka No. 42, Revenue Board Circle Sankra, Tahsil and District Mahasamund, (C.G.) 4. State of Chhattisgarh, through Collector, Mahasamund, District Mahasamund (C.G.) Second Appeal under Section 100 ofthe Civil Procedure Code Present : Shrt Sunil Sahu, counsel for the appellants/plaintiffs. Shri P.R. Patankar, P.L. forthe State/respondent No.4 ORAL ORDER (Passed on 9 February, 2009) Heard on admission. 2. The appellants/plaintiffs are aggrieved by the judgment and decree dated 25.10.2008 passed by the 1st Additional District Judge, Mahasamund in Civil Appeal No.4-A/2007 affirming the judgment and decree dated 10.04.2007 passed in Civil Suit No. 74-A/2006 by the 1st Civil Judge Class-2, Mahasamund whereby the suit for permanent injunction simplicitor was dismissed. 3. Both the courts below have concurrently held that the appellants/plaintiffs were not in lawful possession of the suit land. It has also been held that the name of the respondents/defendants was mutated over the suit land. The plaintiffs did not claim declaration of the title over the land in question. In view of the concurrent finding recorded by both the Courts below no substantial question of law arises for determination in this appeal which is accordingly dismissed at the stage of admission. sa/- DilipRaosahebDeshmukh Judge •?^-ry)t?iu ..vy ».. R --^. l'^ssw ^^^;swSss»^s^s^-'^-tfeateBi&Kc^^