IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. ‘§$ OF 2009 PETITIONER DEFENDANT Smt. Krishna Devi Agrawal, wife of Suresh Kumar Agrawal, aged about 38 years, resident of Vikas Nagar Gali, Kotra Road, Raigarh, District Raigarh, Chhattisgarh. VERSUS RESPONDENT :-/ 1. Sanjay Kumar Soni, son of Lilaram . PLAINTIFF Soni, aged about 31' Occupation Chartered Accountant, Resident of Itwari Bazar, Raigarh (CG). ,2. State of Chhattisgarh through / District Collector, Raigarh, Distt. Raigarh, Chhattisgarh f WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA ‘/\)QCC)1% wzoa q mm (W mwfa‘m ammm Wmm ' mmiiww % W m S.B. Hon’ble Shri Justice N.K. fl arwal 23.07.2009 Shri Sanjay K. Agrawal wi‘ h Shri Sudip Agrawal, Advocates for the petitioner. Shri Utkarsh Verma, Advo ate for the respondent No. 1. Ms. Sangeeta Mishr , Panel Lawyer for the State/respondent No. 2. With the consent of the pa ies, the matter is heard finalty. The instant petition is d rected against the order dated 24.1 1 .2008 (Annexure P/1), pas ed by the FirstAdditional District Judge, Raigarh; in MJC No. 11l2b08 (Smt. Krishna Devi Agrawai v. _ t Sanjay Kumar Soni & Another , whereby and whereunder the t i application filed by the petitioner?under Order 9 Rute 9 of CPC for t restoration of MJC Case No. 21!?07, has been rejected by the trial l i court. ‘i l Shri Verma, counsel for respondent No. 1 submits that an opportunity begtfordedt’o the petitioner to contest the matter opportunity may under Order 9 Rule 13 of CPC; subject to payment of heavy cost. l w ant-:2 mire Lyctrzw{mmzvni‘awwbsmt 1 h ; 1 )l) 00x“. ’33 :‘Wm W . W\‘11 4 Sahu After hearing the counsel after perusing the record, I am order impugned deserves to be l i r Sdl — appearing for the parties, and the considered opinion that the t aside, subject to payment of a z sum of Rs 5000/- as costs by th petitioner Within a period of one month and the matter is remitte back to the trial court to decide r the application of the petitioner fil d under Order 9 Rule 13 of CPC in MJC Case No. 2112007 afr sh by restoring to its original number, and it is directed that th trial court shall decide the same in accordance with law. The pa ies are also directed to appear i before the trial court on 17.08200 . N K Agr$wa‘ Judge i i e :r-mafnzua;~’ “I mm rwxTFe— s’9s—7i1/4J p— 1 m m i W Ww an) W8 $1200? mm(Wa) mmw maa w¥mm % B§maa$aa m E n l mmiifg‘érm $3imazra$