1 2025:CGHC:40043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 1654 of 1997 1 - Shani Ram, aged about 40 years, S/o Lakhiram Marar, r/o Chhote Patni, P.O. Garhphuljhar, P.S. : Basna, Tahsil : Saraipali, District : Raipur (M.P.) ...Appellant versus 1 - Sohda Bai, aged about 50 years, W/o Shurudao Kewat 2 - Abhilal, S/o. Shurudao. 3 - Babulal S/o Shurudao, 4 - Ujagar Singh, S/o Shurudao Respondents No. 2 to 4 through: General Power of Attorney Holder: Dharmulal S/o Sohatram Nishad. All residents of : Chhote- Patni, P.O. Garhphuljhar, P.S. Basna, Tah. Saraipali, District Raipur (M.P.) 5 - Samundram, aged about 80 years, S/o Munudao, Kewat. 6 - Rajkunwar, aged about 70 years, wd/o. Kaliram, Kewat. 7 - Chaitram, aged about 22 years, S/o. Lakhiram Marar. Respondents No. 5 to 7 are residents of Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tah: Saraipali, District Raipur (M.P.) ... Respondents For Appellant : Mr. Keshav Dewangan, Advocate For Respondents No. 1 to 4 : Mr. H.B. Agrawal, Senior Advocate with Ms. Swati Agrawal, Advocate AYUSHI SINGH Digitally signed by AYUSHI SINGH Date: 2025.08.12 10:43:28 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Judgment on Board 11/08/2025 1. Learned counsel for the appellant submits that inadvertently, in the instant miscellaneous appeal, order dated 27.9.1997 passed by the Civil Judge, Class II Saraipali, District Raipur in Misc. Civil Suit No.09/1997, in the case of Shani Ram Vs. Sohda Bai & Ors. has been challenged before this Court. He further submits that aforesaid order ought to have been challenged before the concerned District Judge, under Section 13 of the Chhattisgarh Civil Courts Act, 1958, therefore, appellant wants to take proper recourse to law by filing appropriate appeal. In view of above, appellant may be permitted to withdraw the instant appeal. 2. Learned counsel for respondents submits no objection to the above prayer made. 3. On due consideration, appellant is permitted to withdraw this instant appeal so that he could take recourse to law available to him. 4. Accordingly, the instant appeal is dismissed as withdrawn. 5. Certified copy of the impugned order dated 27.9.1997 be returned to the learned counsel for appellant, after retaining xerox copy of the same. SD/- (Naresh Kumar Chandravanshi) JUDGE Ayushi