,^. IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR c'p^ MISC. APPEAL No.77 OF 2009 Single Bench APPELLANT ^LAINTIFF ^^ ^•••"^;:';A^ ^^ ^^ ^••••t"~^v ^' RESPONDENTS DEFENDANTS Prasant Sharma, aged 37 years, S/o Late Shri Shivcharan Prasad Sharma Resident of Near Hanuman Mandir Ramsagarpara, Tahsil- Raipur District Raipur (Chhattisgarh) VERSUS 1, Laxminarayan Sharma, aged about 62 years, S/o Shri Gopal Prasad Sharma, Resident of Comfort hleritage, Bhopal Tahsil+Distt.- Bhopal(M.P.) 2. Smt. Saraswati Dewagan ^ W/o Shri Narendra Dewagan Resident of Front of Maa Ambey Mandir, Chandrasheker Nagar, Ashwaninagar, Raipur(Chhattisgarh), MISCELLANEOUS APPEAL UNDERXtlll RULE Krl OF CODE OF CIVIL PROCEDURE 1908 ^I + -3-^ ^F?T^R, '^llw!<o, t^RTy ^^.........^.^....V..fs3....... ail^l^^C^f^^) •^200 ^I^iWt^^ IT^T^i^T^lN Sahu ^i^t?^ TCT^f ^ fe^ iN^R ^^fOT^i^l S.S. Hon'ble Shri Justice N.K. AiharwaS 08.08.2009 Shri Manindra Shrivasfaval Advocate for appeiiant. Heard on admission. The instant appeal is dir^c passed by ist Additionai District J| whereby and whereunder the Order 39 Rule 1 & 2 of CPC has b| Shri Manindra Shrivasta^a, appeilant, at the outset, wouid su^ below it has been held that the apl tenant and in the Jight of the fact appeliant forcibiy, it is necessary this regard. After having heard the cou?| perused the order, it is clear from facle the appeiiant is In possessiofi 11 is directed that the appeilant sha| taking recourse to evict a tenant With the above observaticjn disposed of. However, if the then they are free to move approprj Sr. Advocate with Shri Rakesh Dubey, dir^cted against the order dated 07.07.2009 jdge (FTC), Raipur, in civil suit No. 5A/08, ap^lication preferred by the appeiiant under ^en dismissed bythe court beiow. iearned counsei appearing for the ^mit that in para 9 of the order of the court beilant is in possession of suit property as a t|iat the jandlord is going to dispossess the tHat sorne protective order may be passed in ^sei for the appeilant and after having {^ara 9 of trial court's order that prima" of suit properiy as tenant, therefore, not be dispossessed forcibiy, without ur^der the provisions of iaw. and direction, thls appeai stands res|)ondents herein feel some grievance jate application. No order asto costs. Sd/- N.K-Agarwal Judge ^fKNn? ^n ^ii^r U^HT^TR"—FS/95—11 /2008-1 ,00,000. -i.. l,i-l