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2022 Supreme(Chh) 167

NARENDRA KUMAR VYAS
Girwar Singh S/o Hirdelal Halba – Appellant
Versus
Nagar Palika Parishad, Dallirajhara – Respondent


Advocate Appeared:
For the Appellants :Mr. B.P. Sharma and Mr. Arpit Agrawal, Advocates.
For the Respondent:Mr. Vaibhav A. Goverdhan, Mr. Avinash K. Mishra, Govt. Advocate

JUDGMENT :

1. Since an identical question involves in both the appeals, they are heard analogously and are being disposed of by this common judgment.

2. The appellant/plaintiffs (appellant Girwar Singh has preferred First Appeal No. 62 of 2014 and appellant Nazeem Khan has preferred First Appeal No. 63 of 2014) have preferred both the appeals against the judgment and decree dated 20-12-2013 passed by the learned 2nd Additional District Balod (CG) in Civil Suit Nos.20-A/13and 21-A/13 whereby the suits filed by the appellants/plaintiffs for allotment of shop in their names, registration possession of Shop Nos. 1 and 2 situated at Commercial Complex, Ward No.24, Pratiksha Bus Stand, Opposite Sulabh Sauchalay, Dallirajjhara and for restraining the respondent No.1 from initiating the auction proceeding have been dismissed.

3. The brief fact, as reflected from the record are that the appellants/plaintiffs have filed Civil Suit before the learned 2ndAdditional District Judge, Balod mainly contending that the defendant No.1 namely Nagar Palika Parishad, Dalli-rajhara has issued an advertisement in daily newspaper on 26-8-2009 for auction of the suit property of 14 shops situated at Ward No.24

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