Citation : 2022 Latest Caselaw 6366 Chatt
Judgement Date : 18 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Second Appeal No. 25 of 2021
Satyanarayan Joshi S/o Shri Radheshyam Joshi, Aged About 55 Years,
R/o Sanjay Ward, Bhatapara, Tahsil Bhatapara, District Balodabazar-
Bhatapara, Chhattisgarh
---- Appellant
Versus
1. Santosh Yadav S/o Shri Ramchand Yadav, Aged About 40 Years, R/o
Near Balaji Engineering, Mandi Road, Bhatapara, Tahsil Bhatapara,
District Balodabazar-Bhatapara, Chhattisgarh
2. Vedprakash Yadav S/o Shri Ramchand Yadav, Aged About 36 Years R/
o Near Balaji Engineering, Mandi Road, Bhatapara, Tahsil Bhatapara,
District Balodabazar-Bhatapara, Chhattisgarh
3. Ramsingh Yadav S/o Shri Ramchand Yadav, Aged About 33 Years R/o
Near Balaji Engineering, Mandi Road, Bhatapara, Tahsil Bhatapara,
District Balodabazar-Bhatapara, Chhattisgarh
---- Respondents
For Appellant : Mr. B. P. Sharma along with Ms. Anuja Sharma, Advocate
Hon'ble Shri Justice P. Sam Koshy Order On Board 18.10.2022
1. Heard on I.A. No.01 which is an application for withdrawal of second
appeal, in the light of the judgment of the Hon'ble Supreme Court in the
case of Kailash Paliwal Vs. Subhash Chandra Agrawal reported in
(2013) 9 SCC 372, with liberty to file a fresh suit for declaration of title
over the disputed property.
2. On due consideration, I.A. No.01 is allowed. The second appeal as of
now stands dismissed as withdrawn with liberty to avail such other
remedies available to the appellant, if permissible under law.
Sd/-
(P. Sam Koshy) Judge Khatai
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