JUDGMENT :

1. Heard on admission.

2. The second appeal has been filed by the appellant/defendant under Section 100 of the C.P.C. against judgment and decree dated 16.09.2009 passed by District Judge, Raigarh, District- Raigarh (C.G.) in Civil Appeal No. 10A/2008 (Suresh Kumar Agrawal Vs. Jamuna Devi & another) allowing the appeal by setting aside the judgment and decree dated 18.08.2008 passed by Civil Judge Class-I, Raigarh, District- Raigarh (C.G.) in Civil Suit No. 21A/2006, by which learned trial Court has allowed the application under Order 7 Rule 11 of C.P.C. and dismissed the suit filed by the plaintiff for declaration of title and grant of permanent injunction.

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 21A/2006 which was filed by the plaintiff for declaration of title and grant of permanent injunction.

4. The brief facts, as reflected from the plaint averments, are that the plaintiff has filed a civil suit for declaration and grant of permanent injunction mainly contending that the plaintiff has purchased a land out of Khasra No. 16/2 area admeasuring 0.162 Hectare situated at Village- Baikunthpur, Patwari Halka