'^s^'s-* HIGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Hon'bte Shri Dilip RaosahebDeshmukh, J. M.ANo. 64 0(2008 ABBeLlant Defendant Nos.6&7 Respondent Plaintiff 1. Nirmal Chand Kotadia, 35 years, S/o Late Mangilal Kotedia, Sadar Bajaar, Ranjandgaon 2. Manish Bothara, 34 years, S/p Bhagchand Bothara, Padmanabpur, Durg Versus 1. Yogendra Pal, 70 years, 2. Kumari Raj, 72 years 3. Avinash, 65 years 1-3 R/o 24, Old Nehru Nagar, Bhitai, Durg 4. Naresh, 62 years, HIG-27, Padmanabhpur, Durg 1-4-S & D/o Late J.R.Sondhi's 5. Jugal yadav, 54 years, @/o Late Da^iaas vaaav, viti.Kajakhuiji, The. Dongargaon, Distt. Rajandgaon 6. Jaisingh Yadav, 26 years, S/o Late Chandulal Yadav, Vilt. Gogan, P.0. Sarona, The. & Distt. Raipur 7. GitaBai,28years 8. Sangita Bai, 24 years 9. Savita Bai, 22 years 7-9 D/o Late Ghandulal contesting through their attomey defendant No.2/respodnnet No.g-Jaisingh Yadav. 10. State of Chhattisgarh, By Coflector, Rajnandgaon Appeal under Order 43 Rule (Rl read with Section 104 of CPC. 1908, Plaintiff Defendant Nos.l^ & 8 Present: Shri Raja Sharma, counsel for the appellants. Shri S.K. Guha, counsel for respondents No.1 to 4. Shri Suresh Verma, counsel for respondent No.5. Shri Amrito Das, counsel for respondents No. 6 to 9. Shri P.R. Patankar, PL for the State/respondent No.10. ^l^ B ^&^ 1^^ KSB RS 883 E^^? B8B ^^ ^;E ^^ ^& » H•• >H ^M O^w -- 5 Priya ORALORDER (Passedon 22.10.2008) The appellants are aggrieved bythe order dated 15/04/2008 passed by the Additionat District Judge (FTC), Rajnandgaon (CG) in civil suit No.17-A/2007, whereby the application for temporary injunction filed by the appellants herein was dismjssed. (2) Leamed counsel for the respondents No.1 to 4 has given an undertaking that tilt'disposal ofcivil suit No.17-A/2007pending before the Additional District Judge (FTC), Rajnandgaon, they shall not alienate orcreate any third party interest inthe suit land i.e. Khasra No.2/1; area measuring 2.76=1.117 hectares situated in Village, Kauribhatha, Tahsil and District Rajnandgaon, He further gave an undertaking that till disposal ofthe suit, the respondente No.1104 shatl not make any construction over or change the nature of the said suit land. (3) In view of the undertaking given by the respondents No.1 to 4, leamed counsel for the appellants sought permission to withdraw this appeal w'th a prayerthatthe trial Court be directed to decide the suit expeditiously. (4) Prayer is not opposed by any ofthe respondents. (5) In view of the submission made, M.A. No.64/2008 is dismissed as withdrawn. Additional District Judge (FTC) Rajnandgaon shall endeavor to expeditiously decide the civil suit No.lT-A/2007 preferably ' [ ~ withih'a period of 6 months. Sd/- Dilip Raosalieb Deshmukh Judge