@Q HIGH COURT OF CHHATTISGARH AT BILASPUR Second Appeai No.1 9/2006 Single Bench: Hon’Me Shri Diiip Raosaheb Deshmukh, J. \ Anpeitant Krishna Rao, son of Shri Dulwaji Plaintiff Rao, aged about 44 years, resident of Jodhapur Ward, Dhamtari, Tahsii and Distt. Dhamtari (CG) Versus Raj Kumar Nandé, ’son of Shri Nemnath Nanda, aged about 60 years, resident of Raj Kiraya Bhandar Near Bimal Taikies Road, Dhamiari (CG) Second Appeal under Section 100 of the Code of Civil Procedure. 1908 Pfesenth Shri A.N. Bhakta, counsei for the appeiiant. ORAL ORDER. (Passed on 26m‘Apni, 2007) 1. Learned counsei for the appellant seeks permission to withdraw this appeal with iiberty to nie a fresh suit if in the proceedings initiated by the x appellantipiaintiff, under Section 129 of the Chhattisgarh Land Revenue Code it is found that the respondentidefendant is in possession of any part of the suit. ?. The appeiiant/plaintiff is at liberty to take recourse to such remedy as is avaiiabie to him under iaw after the termination of demarcation proceedings undertaken ‘2 by the appellantiplaintiff under Section 12g of Chhattisgarh Land Revenue Code. The appeal is accordingly dismissed as withdrawn. No order as to costs. ‘/ 3. in View of the above, M.C.P. No.48/2006 which is an application der Order-39 Rub-1&2 of C.P.C, M.C.P. No.49/‘2006 which is an appiication under Order-39 Ruie 3 of C.P.C., LA. No.721/2007 which is an application under Order-1 Ruie-10 read with' Section 151 of C.P.C., LA. No. 722/2007 for urgent hearing and LA. No. 01/200? which is an application for permission to formulate additional substantial questions of law stand disposed of. l sd_/ i Diiip Raos / ; _‘H~V,.:V_—r i aheb Deshmukh l l Judge Priya un