5' O^ Z^-o/, ':N^ IN THE HIGH COURT OF CH WRITPETITION' PETITIONERS: /'" ATTISGARH AT BILASPUR J^ /^®r.s?o'/o / ;4^: s\ /i1 Ly^>" ,>^-' ,y"\.^ ^./: "^.^ Sint. Laxnii Ben , aged about 43 years, W/o Shri Bharat Bhai Patel, R/o 404 Girnar Plaza , near Pattidar Bhawan, New Timber Market , Fafadih, Raipur, Tehsil and District Raipur (CG). Vinod Patel, aged about 47 years, S/o Shri Dhiraj Bhai Patel , R/o Bholenath Timber, Indira Timber Market, Bhanpuri, Raipur, Tehsil and District Raipur (CG). (Defendants) Versus Vithaldas Patel, aged about 43 years, S/o Jetha Bhai Patel, R/o 187-C, Amrapali -, Damdam North , 24 Pargana, Kolkatta 700055 (West Bengal). (Plaintiff) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA RESPONDENT: ,^ HIGH COURT OF CHHATTISGARH AT BILASPUR Sinate Bench: Hon'ble Shri Justice Prashant Kumar Mishra Writ Petition (2271 No.92/2010. Petitioners Respondent Versus Smt. Laxmi Ben and another Vrthaldas Patel Bsni Shri Rakesh Anthony, counsel for the petitioners. None appears for respondent Writ Petition under Articte 227 ot the Constitution of India ORAL ORDER <11.01.2010) Heard on the question of admission. (2) By the impugned order dated 23.09.2009, the trial Court has allowed plaintiffs application under Order 23 Rute 1 of C.P.C. and has permitted the ptaintiff to unconditionally withdraw the suit. Leamedl counsel for the petitioner submits that since the plaintiffs apptication under Order 39 Rule 1 & 2 of C.P.C. as well as the petitipner's application to take cognizance against the plalntiff for fatee personification was pending before trial court, the Court below ought not to have allowed the plaintiff to withdraw the surt. (3) tn the opinion of the Court, there is no substance in the argument. The learned trial Court has allowed the application and tt was for the plaintiff to prosecute the suit or not. There being np error in the jurisdtotion of the impugned order, the present pet'rtion fited under Article 227 of the Const'rtution of India fails and is hereby dismissed at the admission stage itself. Sd/- Prashant Kumar Mishra Judge