HSGHCOURT OF CHHATTSSGARH AT BILASPUR Bench : NorfNeShrj Djlle ?^ Appejjants i;C' ^:;i Ressoiidents MlsceliasieoysAppeaJ Np.03 of 2009 1. Rupchand 8/0 Paruma!, Aged about 34 years, R/o Kachcni Khoii, Sindhi Colony, Raigarh, District Raigarh (C.G.) [DEFENDANT N0.^ 2. Mukesh-Nawani, S/o Harjash Lat, Aged about 32 years, R/o Pakki Khoii, Raigarh, DistrjctRajgarh(C.G.) [DEFENDANT N0.3] Versus 1. Anil Kumar Gypta, SA^jLate Shri Gopal Gupta, Aged about 42 years, Ocoupation Agriculture, Rto ViilageiBichhiya, Tahsii - Hyjoor, Thana City Kotwali, Ward No.41 , MaMya Road, Behind Polioe Chowki,. Bidihiya, District Rewa (M.P.) [PLA1NTIFF] 2. Premlata Gupta, W/o Late^ Chhotela! Gupta, Aged about 82 years, R/o Purana Sarangarh Bus Stand :(ln ftont of Jail Gate), Raigart-i,. District Raigarh (C.G.) [DEFENDANT N0.1] l' '^ x--. Misceilaneous Appeai underSection 104 read with Order43Rule 1 ofthe Code ofCivi! Procedure, 1908. Present:" Shri Santosh Kumar Tiwan, counsel for the appeilants. ShriG. D, Vaswani, tearned Government Advocate appears as amicus-curiae, ORALORDER (Passed on this 15th day ofJanuary, 2009) Heard. ' (2) This appea! is directed against the order dated 16-09-2008 passed by the District Judge, Rajgarh in Civjl Suit No.4W2008 whereby the application under Order 39 Rutes 1 & 2 read with Section 151 C.P.C. fited by the respondent No. 1 /piaintiff was ailowed. (3) Learned counsef for the appeliants accepted. that the earlier Miscelianeous Appea! No.108/2008 preferred by the appeliants against the impugned order dated 16-09-2008 wasdismisseci by this Court on 26-11-2008 upon withdrawaj by the appeijants. (4) ln this view of the matter, the present appeal is not maintainable and is acoordingly dismissed. Sd/- Dilip Raosaheb Deshmukh Judge h f-t^rT^^—