1 2025:CGHC:28825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Miscellaneous Appeal No. 145 of 2023 Goverdhan Prasad Tamrakar S/o Late Jhaggar Singh Tamrakar Aged About 55 Years R/o Ward No. 1, Municipality Ahiwara, Tehsil Dhamdha, District Durg, Chhattisgarh. ... Appellant versus 1. Toranlal S/o Manrakhan Sahu Aged About 37 Years R/o Ward No. 2, Sandi Road, Ahiwara Basti, Tahsil Dhamdha, District Durg (C.G.) 2. Chief Municipal Officer (Rajesh Tiwari) Municipal Council Ahiwara, Tahsil Dhamdha, District Durg (C.G.) 3. Kusmakar Sahu Aged About 46 Years, Revenue Inspector, Nagar Palika Parishad, Ahiwara, Tahsil Dhamdha, District – Durg, Chhattisgarh. 4. State Of C.G. Through Collector Durg, Chhattisgarh. 5. Chief Secretary Urban Bodies Department C.G. Government Secretariat, District Raipur (C.G.) ... Respondents For Appellant : Mr. Jitendra Gupta, Advocate For Respondents/State : Mr. Sharad Mishra, P.L. For Respondent No. 2 : Mr. Gyan Prakash Shukla, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.06.30 11:22:44 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27.06 .2025 1. Heard. 2. Learned counsel for the petitioner submits that this miscellaneous appeal is directed against the impugned order dated 06/05/2023 by which the application filed by the respondent No. 1/plaintiff under Order 39 Rule 1 & 2 of CPC has been allowed. He further submits that the suit is not maintainable and he be allowed to file appropriate application before the trial Court in this regard. 3. Be that as it may, petitioner is at liberty to file appropriate application before the trial Court raising his ground in accordance with law. 4. With the aforesaid direction, this miscellaneous appeal stands disposed of. Sd/- (Sanjay K. Agrawal) Judge Harneet