HIGH COURT OF CHHATTISGARH AT BILASPUR w.p. (227) No. 7522 OF 2011 PETITIONER Rajcndra Kumar Dubey, aged Plaintiff about 59 yeaxs, S/o late Durga Prasad Ji Dubey, R/ o Bramhanpara, Raipur, Tahsil. 85 District Raipur (C.G.). VERSUS RESPONDENTS 1. Jagdish Prasad Sharma, aged Defendants about 75 years, S/o late Bhamsi Lal Mishra, R/o Chandrashekhar Azad Wa'li Gali, Lakhenagar, Ashwani Nagar, Raipur (C.G.). ’2. Smt. Gomati Bai Patel w/o Shri Churamani Patel, R/o professor colony, Raipur (C.G.). (R/o behind the Shahnai garden, Hohjm'puram, Raipur (C.G.) wrongly mentioned in cause title of impugned order). § 3. Smt. Laxmi Prabha Nayak W/o Shri Nalesh Kumar Nayak, R/o behind the Shahnai garden, Hohinipuram, Rajpur (C.G.). (name of respondent no. 3 not mentioned in cause title of impugned order). 4. Smt. Prem Kumari Patel w/o Shri Kishore Kumar Patel, R/o Professor Colony, Raipur (C.G.). 5. State of Chhattisgarh, through Collector, Raipur (C.G.)t WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITIITION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Present:— Shri Vimlesh Bajpai, Advocate for the petitioner‘ Shri Vinod Kurnar Tekeun, P.L. for the State/respondent No. 5. Respondents No. 1 to 4 not noticed. ORDER (Passed on 12/ 12/2011) 1. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 3/8] 2011 passed by 1“ Civil Judge Class—2 Raipur (C.G.) in civil suit No. ‘43A/ 2011 whereby application filed under Order 22 Rule 4 of the Civil Procedure Code, 1908 (in short ‘the Code’) without any application under Order 22 Rule 9 of the Code has been dismissed. After some arguments, learned counscl for the peu'tioner submits that he S6cks to Withdraw this petition with liberty to f1le application for setting—aside abatement before the txial Court. Prayer allowed. Consequently, petition is dismissed as withdrawn with aforesaid liberty. No order as to costs. ’ Q) Sdl— T.P. Sharma Judge