(Qr^?~) HIGH COURT OF CHHAZTISGARH AT BiLASPUR Singje Bench : Hon'ble Shri DIIJD Raosaheb Deshmukh, J. MiscelJaneous ApDeal No.36 of 2007 AR@e|iant Pjalntiff Kartikey Jaiswai, aged about 49 years, S/o Late Surendra Dev Jaiswai, R/o Poiice Line Road, Ambikapur, District Surguja (CG) Respondents Defendants versus 1. 2. 3. State of Chhattisgarh, through Coilector, Surguja (CG) Municipal Corporation, Ambikapur, through its Commissioner Office, Near Water Tank, Kedarpur, Ambikapur, Surguja (CG) Pubiic Works Department, through Executive Engjneer, Divlsion Ambikapur, District Surguja (C.G.) MisceiSaneous Appeal under Order 43 Ruie KRiof the Code of Civil Procsdure Present : Shri Manoj Paranjpe, counsei for the appeIJant. Shri Akhil Agrawal, Panei Lawyer for the State/respondents No.1 and 3. Shri Sanjay K. Agrawal, counsei for respondent No.2, ORDER (Passed on 3rd September, 2007) Shri Manoj Paranjpe, learned counsel for the appeliant submitted that he wouid not press the appeal if the respondents are wiiiing to give an undertaking that they shal! restore possession of the suit iand to the appeiiant/piaintiff in case the appeJlant/plaintiff finally succeeds in Civii Suit N0.5-A/2007. f?3>9 (2) Shri Akhil Agrawal, leamed Panei Lawyer for the State/respondents No.1 and 3 and Shri Sanjay K. Agrawal, learned counse! for respondent No.2 submitted that there is no question of giving any such undertaking because If the appeilant/piaintiff succeeds in the suit, the respondents/defendants shai! be bound by the fsnal dedsion in the As. (3) ! am of the considered opinion that the submission made by the learned counsei appearing for the respondents has substance because the respondents wouid be bound by the decision in the & between the parties. (4) Shri Manoj Paranjpe, learned counsel for the appellant does not press this appeai, at this stage. (5) The appeal Is accordingly dismissed as not pressed. 1 Sd/- Dilip Raosaheb Deshmukh Judge v Gopai