^ B ^,^::. si ^^.^^-^:A^; Appellant Plaintiffs HIGH COURT OF CHHATTISGARH AT BILASPUR S.A.No. 313 GF 2011 Harbao.sh Siagh Son of late Mehar Singh, aged about 70 years, R/o Puraiia Gourela, Pendra, Talisil Pendra, Distdct BUaspur (C.G.). Respoades&ts Defendaats VBRSU8 1. 2. Maniaohaa Tamrakar Son of not known to the appeUaat, aged about 50 years, R/o neai' old post ofiice, Pendra, Tahsil Pendraroad, Distdct BUaspur (C.G.). Paaja Smgh Wife of late Mehar Singh, aged about 60 years, R/o Purana Gourela, Pendra, Tahsil Pendraroad, District Bilaspur (C.G.). SjSCOND CIVIL APPBAL UNDBR SBCTION 100 OF THB CODB OP CIVIL PROCEDURE. (SB :Hon>ble Mr. T.P.Sharma, J.) Present : Ms. Hamida Siddique, Advocate for the appellant. Respondents not noticed. JUDQEMENT (Passedoa 17/10/2011) By this second appeal under Section 100 of the Civil Procedure Code, 1908 appeUaat has challenged the legality aiid propriety ofthe judgment and decree dated 25/7/2011 passed by Additional District Judge Pendraroad, District Bilaspur (C.G.) ia civil appeal No, 45- A/2011 affirming fhe jiidgnient aiid decree dated 26/8/2010 passed by CivU Judge Class-1, Pendraroad Distiict BUaspur (C.G.) ui civU suit No. 291-A/2002 whereby civil suit for eviction fUed agaiast respondent No. 1/tenant has been dismissed. 2. After sonie argunient, learaed counsel for the appellaat subiaits that on account of alleged agreeinent to sell executed on behalf of fhe respondent No, 2 co-owner of tiie property both the Courts below have disniissed the suit arsd appeal by arriving at a fuiding that after execution of such agreeinent to sell appellaat has failed to prove the relationship of landlord aad tenant between appellaat aad respondent No. 1 Uiese ai'e tlie questions to be decided by filiiig ^.1 3. 4. -^— ^; separate civU suit and would not be possible to decide ra eviction suit of suminery ui suit therefore she seeks to withdraw this second appeal witli Uberty to file appropriate suit before tiie regulai' Court. Consequently, second appeal agaiast sumniery decision is disinissed as withdrawn witli aforesaid Uberty. No order as to costs. Certified copy of the judgraents and decrees tmpugned be retunied to ftie leamed counsel for tlie appeUant on her subniittmg duly attested photostat copies ofUie same. Sd/- T.P. Sharma Judge ^