'^^^. BENGH 'fffi^i^. ^-. ^ -10^ IN THE HIGH CQURT OF CHHATTISGARH AT BILASPUR ^^0<r— W.P. ItNo. S^ 2-0f2010 APPLICANT/ PLAINTIFF ^y5' iy<^^^^ ^y^ 's^^ A'<'\ '.>'" ^9 '•^•Vs^i..^ / 1. Mohammed Shami, S/o Mohammed Shareef, Aged about 50 years. /2. Mohammed Gulkhan, S/o Mohainmed Shareef, Aged about 46 years. >3. NoorMohanimed, S/o Mohammed Shareef, Aged about 42 years. ^4. Noorjaha, W/o Mohammed Shareef, aged about 75 years, all above are resident of Village - Saothi, Tahsil - Shakti, District - Janjgir Chapa, (C.G.). VERSUS RESPONDENT/ DEFENDENT 1. Jagdeesh Prasad Bansel, S/o Ramphal Agarwal, Aged about 48 years, R/o Shakin, Shakti Tamer Jhulkadain raod, Tahsil - Shakti, District - Janjgir- ^ Chapa, (C.G.). ^^•> B c^ WRIT PETITIONUNDE^ARTICLE22<r/227 OF THE CONSTITUTION OF INDIA. i 1 ^" ^ '7 mGH COURT OF CHHATTISGARHAT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra W.P. 027) No. 362/2010 PETITIONERS : Mohammed Shami and others RESPONDENT Versus Jagdeesh Prasad Bansel Aooearance: Smt. Renu Kochar, counsel for the petitioners. Shri H.S. Patel, counsel for the respondent. ^ WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORALORDER (16.09.2010) The challenge in this writ petition is to the order passed by the appellate court before whom the respondent's appeal under Order 43 Rule 1 (r) is pending. During pendency of the said appeal, the appellate court has appointed the Tahsildar as a Commissioner for submission ofa report about the construction on the suit land. (2) Leamed counsel appearing for the parties would jointly submit that during pendency of the misc. appeal and fhis writ petition, the plaintiffs have already raised construction and thus tfaere is no requirement ofa report by the Commissioner. (3) In view of the joint submission, the said part of the interim order, whereby the court below has appointed Tahsildar, Sakti as Commissioner is set aside. (4) The writ petition is finally disposed of. Sd/- Prashant Kumar Mishra Judge_