"""%-. j PETITIONER/: (Plaintiff) HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (Art. 2271 No.3802 of 2011 Ramji, aged about 70 years, S/o Late Shri Shivcharan Sahu, R/o Ward No.9, Gobra Nawapara (Rajim), Tahsil Abhanpur, District Raipur (C.G.) RESPONDENTS/: (Defendants) Versus 1. Municipal Council, Gobra Nawapara, through the Chief Municipal Officer, Municipal Council, GobraNawapara, Tahsil Abhanpur, District Raipur (C.G.) 2. Smt. Bindu Bai, aged about 59 years, D/o Late Kondu @ Bharat Sen, R/o Ward No.9, Gobra Nawapara (Rajim), Tahsil Abhanpur, Distrjct Raipur (C.G.) {Writ petition underArticle 227 ofthe Constitution of India} Present: Mr. H.S. Patel, counsel forthe petitioner. Soma Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORAL ORDER (18-7-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has chaHenged legality and propriety ofthe order dated 12-5-2011 passed by the 9th Civil Judge CIass-11, Raipur in Civil Suit No.27-A/2009 to the extent of dismissal of application filed under Section 151 of the CPC, whereby the Court below has dismissed the application filed under Section 151 of the CPC on behalf of the petitioner/plaintiff for rejection of report filed under Order 26 Rule 9 of the CPC by the Commissioner. 2. I have heard learned counsel for the petitioner, perused the order impugned and other documents. 3. After arguing for some time, learned counsel for the petitioner seeks to withdraw the petition with liberty to file application for examination of the Commissioner under Order 26 Rule 10 (2) of the CPC. 4. The petition is dismissed as withdrawn with liberty aforesaid considering the fact that the petitioner has right to examine the Commissioner personally in open Court touching any ofthe matters referred to him or mentioned his report, or as to his report, or as to the manner in which he has made the investigation. No order asto costs. Sd/- T.P. Sharma Judge