^, HiGH COURT OF CHHATTISGARH AT BJLASPUR Single Bench : Hon'ble Shrs Dilip Raosaheb Deshmukh, J. j^ Misceijaneous Appea! No. 26/2007 Appeiiant Shri Ram Janki Mandir, Ram Pahadi, Ratanpur, District- BJiaspur (C.G.) Through: Sarverakar Shri Chandrakant Deswhmukh, S/o Shri Dinkar Rao Deshmukh, through Power of Attorney Holder-Mahesh Prasad Dubey, S/o Balbhadra Prasad Dubey, aged 56 years, R/o Mahamayee Para, Ratanpur, Tahsil Kota, District Bilaspur (C.G.) Versus Respondents 1. State of Chhattisgarh, Through Coilector, Bilaspur, District Biiaspur (Chhattisgarh) 2. Chief Executive Officer, Nagar Panchayat, Ratanpur, Tahsil-Kota, District Biiaspur (Chhattisgarh) 3. Executive Engineer, Public Health Engjneering Department, DMsion- Biiaspur (C.G.) MiscelSaneous Appeai Under Order 43 Rule 1 fr) of the Code of CiviJ Procedure. 1908. Present:- Shri Rajeev Shrivastava, counsei for the appeliant. Shrj N.K. Agrawa!, Dy. Advocate General for the State/respondents. ORAL ORDER (Passed on 25-06-2007) Heard on admission. In this appeal, the order dated 20-04-2007 passed by the Distrlct Judge, Bilaspur in Civij Suit No. 3-A/2006 dismissing the appiication under Order 39 Ru!e 1 and 2 of C. read with Section 151 of C.P.C is under chalienge. 2. Learned District Judge, Biiaspur has by a weli reasoned order recorded a flnding that neither the balance of convenjence iies In favour of the plaintiff nor any irreparabSe ioss is being occasioned to Kvr the piaintiff due to the construction of a water tank, garden and barbed wire fencing by the State Government. 3. Having perused the impugned order, ! am satlsfied that the order rejecting the appiication under Order 39 Ruie 1 and 2 read with Section 151 of C.P.C. is we!! merited and no interference in this appeai is cailed for, Consequently, this appeal belng devoid of merit is dismissed at the stage of admission. 4. The District Judge, Biiaspur is directed to expedjtiously dispose of the suit preferabiy withln a period of 6 months from the receipt of a copyofthis order. 5. i.A. No. 1 which is an appiication under Order 39 Ru!e 1 and 2 read with Section 151 ofthe C.P.C. also stands dismissed accordingiy. Sd/- Dilip Raosaheb Deshmukh Judge