•<-;r». HIGH COURTOF CHHATTISGARH AT BILASPUR WRIT PETITION 227 N0. 5737/2011 Petitioner/ Defendants RESPONDENTS/ Plaintiff Defendant VERSUS 1. 2. 3. Kishore Barik, S/o Late Maheshwar Barik, age-28 years, R/o Village' Tribhuna, Tahsil 8s P.S. Pussore, District Raigarn (C.G.) Manglu Bhoya^ S/o Nilq bhoya, age about 57 years, R/o Village Tribhuna, Tahsil & P.S. Pussore, DistrictRaigarh(C.G.) Smt. Chadrakanti, W/o late Maheshwar Barik, age-68 years, R/o Village Tribhuna, Tahsil & P.S. Pussore, District Raigarh (C.G.) State of Chhattisgarh Through: Collector, Raigarh, District Raigarh (C.G.) WRIT PETITION UNOER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Amit Sharma, Advocate for the petitioner. Shri Akhil Agrawal, P.L. for the State/respondent No. 3. Responde'nts No. 1 & 2 not noticed. , ORDER 3. (Passedon 26/09/2011) By this petition underArticle 227 of the Constitution of India petitioner has challenged the legality and propriety of the. order dated 21/7/2011 passed by First Additional District Judge, Raigarh (C.G.) in Misc. Civil Appeal No. 5/2011 reversing the order dated 30/1/2010 passed by First Civil Judge Class-II, Raigarh (C.G.) in Civil Suit No. 44-A/2009 whereby First Additional District Judge, Raigarh (C.G.) has granted temporary injunction in favour of resppndent No. 1. Shri Amit Sharma, Advocate for the petitioner and Shri Akhil ;• Agrawal, P.L. forthe State/respondentNo. 3 are heard. Both the orders impugned, copy 'of order passed by Tahsildar, copy of plainf, copy of written statement, copy of applications & other documents perused; —'&• 4. As per documents, civil suit, copy ofapplications, copy of plaint 8s written statement admittedly, respondent No. 1 is in possession of suit property since 2009, he has filed civil suit for declaratiori of title & cQnfirmation of possession on the ground thaf he has obtained possession on the basis oforal exchange ofland. 5. CQnsidering fhe possession & its natyre claimedby respondent Nb. 1, at this stage possession of respondent No. 1 cannot be considered as illegal possession, I do not find any substance in the petition. Consequently, petition is liable to be dismissed and is hereby dismissed. No order as to cosfs. 6. Interim application stands disposed of. Sd/- T.P.Sharma Judge 1 • t Iritl