^. c? Secoud Appeal No. 281 of 2011 APPBLLANT/ Plaintiff VE!®US 1. Defendauts 2. Balkrisfana Das Vaishnav, S/o Arjundas Vaishnav, aged about 46 years, Occupation Agriculturist, R/o Village Bhanpuri, Tahsil Dongargarh, District Rajnandgaon (C.G.). Ganesh'Das Vaishnav, S/o Raghunafh Das Vaishnav, aged about 55 years, Occupation Agnculturist, R/o Vitlage Bhanpuri, Tahsil Dongai^arh, Distorict Rajuaadgaon (C.G,). State of Chhattisgarh, through the CoUector, Rajnaadgaon (C.G.). SECQND APPEAL UNDER SECTIQN 100 OF CIVIL PROCEDURE CODB. (SB :Hoa'ble Mr. T.P.Sharma, J.) Present ; ghri Prateek Sharma, Advocate for the appellant. Shri Akhil Agrawal, P.L. for the State/respondent N6. 2. Respondent No. 1 not noticed. (Passedoa 06/09/2011) By tfa.is second appeal under Section 100 of the Civil Procedure Code, 1908 appeUant has chaUenged fhe legalily aad propriely of the judgnient and decree of disinissal of appeal dated 11/8/2011 passed by Additional District Judge, Link Court, Dongai^arh, District Rajnaiidgaon (C.G.) in civil appeal No. 25-A/2007 afBrming the judgiaent and decree ofdismissal ofcivil suit dated 17/7/2007 passed by Civil Judge Class-I, Dongargarh. in civil suit No. 31- A/2004: After soiue argumenf, lesmed counsel for the appellant subinits fhat bofh the Courts below has held fhat present appeUant is owner of suit laad and appeUaat has also filed suit for declaration of the suit property therefore he seeks to wiflldraw this second appeal with Ubgrty to approach before the Revenue Court for demarcation of ftie land au<f to file appropriate application before fhe Revenue Court •'^ ;'.. •^....... .-..^' <( <£-— 3. under Section 250 of fhe C.G. Land Revenue Code, 1959 (in short 'ttie Code') avaflable to fhe appellaat. Reiuedy of deinarcation and application for reinstateiaent of Bhwniswami under Section 250 of the Code is available to the appeUaat. 4. Consequenfly, second appeal is disraissed as ^vifhdrawn wifh aforesaid liberty. No order as to costs. 5. Interim application is stands disposed of. Sd/- T-P. Sharina Jiidee '^ r~-