1 2026:CGHC:7241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 19 of 2026 Ganesh Ram Sahu S/o Dulari Sahu Aged About 47 Years R/o Katgi, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.) ... Appellant versus 1 - Rajesh Kumar Thawait S/o Babulal Thawait Aged About 39 Years R/o Katgi, Tehsil- Kasdol, District Balodabazar- Bhatapara (C.G.) 2 - Government Of Chhattisgarh Through Collector Balodabazar (C.G.) ... Respondent(s) (Cause title taken from CIS) For Appellant :Shri Anirudh Shrivastava, Advocate appears on behalf of Shri T.S. Sahu, Advocate. For Respondent(s) : Shri Anand Gupta, Dy. Govt. Advocate. Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 10.02.2026 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.02.10 17:57:41 +0530 2 1. Learned counsel for the appellant submits that the nature of the appeal has wrongly been mentioned as Second appeal under Section 100 of the Code of Civil Procedure 1908, where as the appeal should be registered under Order 41 Rule 23 (A) of CPC, therefore the learned counsel for the appellant seeks to withdraw the appeal with liberty to 昀椀le a fresh appeal in accordance with law. 2. Considering the submission made, the present appeal is dismissed as withdrawn with liberty to the appellant to 昀椀le a fresh appeal in accordance with law. 3. The present appeal is dismissed as withdrawn with the aforesaid liberty. 4. Certi昀椀ed copy, if any, be returned back after retaining its xerox copy. Sd/- (Bibhu Datta Guru) Judge Shoaib