WGH €aURT OF CH!-§£xTTE$GARH: EILASPUR $INGLE BENCH : HQNELE SHRI JAGDI$H $HALLA, Ag. CJ Writ Peiiticn {C} N9. 83%! af 209? Petitmner Chyavan Singh Rajput, aged aboui 47 Piainiiff years, S/o me Thakur Umesh Singh RIO Purani Basti, At Present Quarter No. 100 Pragati Nagar Dipika Post Dipika, Dist: Kgrba (CG) VER§US Respandem Mukund Singh Rajput aged about 61 L; Qe€endam vears buran’i Sfo Bsti; Late Post Thakur Ta‘nsil and Umesh Distt. Singh Korba. R/o Writ Petition under Article 227 of ihe Constitution of lndia x J Present: Shri Parag Kotecha} oounsel for the petitioner. om. 0mm reassear en 24E oak—mar, 2067‘) Petitioner/plaintiff had med a Civil Suit for deciaration regarding his hah’ share in the property in question, for deoiaraiion, permanent injunction and for partition. An application under Order 39 Rule 1 and 2 of the Code of Civil Procedure was also flied which was rejected by the trial Court Aggrieved by the said order the petitioner filed an appeal before the District Judge which too was rejected. Hence this writ petition, Question of title is sub judice before the trial Court. This Court is of the opinion that no finding can be recorded regarding the title of the suit at this stage and the interest of justice would suffice if it is provided that in case the petitioner succeeds in the Civil Suit, the property falling in his share in the land in question along with building if any, will go to him. Without making any observation about the merits of the case, the petition is disposed of However, it would be open for the petitioner/plaintiff to raise this issue before the trial Court who shall consider and decide the same at an appropriate stage if need be, in accordanc ft o . Sdl- t Jagdish Bhalia Ag. Chief Justice