Order on Board

18-10-2021 Heard.

1. It is submitted that the petitioners have filed a Civil Suit No.53A/2020 praying for relief of permanent injunction against dispossession from the suit property, in which the petitioners have claimed that it is their ancestral property. The petitioners filed an application under Order 39 Rule 1 and 2 of C.P.C. which was rejected by the trial Court.

Subsequent to which, an appeal under Order 43 Rule 1 of C.P.C. was filed before the Court of District Judge, Bilaspur against that order, which is pending.

2. It is submitted that despite the pendency of the Miscellaneous Appeal before the Court of District Judge, a report has been submitted by Patwari to Additional Tehsildar, Ganiyari, District- Bilaspur showing that the petitioners are in un-authorised possession of 0.24 acres of the land. The petitioner moved an application before Nayab Tehsildar, Ganiyari by which the order dated 05.07.2021 (Annexure-P/6) was passed mentioning that there is difference in the report of Patwari from the earlier report and stay order was granted with respect to eviction of the petitioners from the suit land which is alleged to be land encroached by them. Subsequent to th