23 HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION [227) NO. 5969 OF 2011 Nand Kishom Prajapah', S/o Lats Shyamlal Pxajapati, aged about 55 years, Caste Kumhar, Resident of Village Sargawa, Post Sakalo, Police Stalion and Tahsil Ambikapur, District Surguja (C.G.) PETITIONER Defendant No. 1 VERSUS Sum'l Kumar Gupta, S/o Raghunath Prasad Gupta, aged about 47 years, R/o Raipur (C.G.), Power of Attorney Holder his younger brother namely Ajay Kumax Gupta, aged about 32 years, R/o Jodapipal Kedaxpur, Ambikapur, District Surguja (C.G.) -PlaintiE Someshwar Sharan Singh Dev, S/o Mahaxaja Chandikeshwar Sharan Singh Dev, by caste Kshariya, R/o Village Sargawa, Post Sakalo, Police Station and Tahsil Ambikapur, District Surguja (C.G.) State of Chhattisgarh, Through: Collector, Ambikapur, District Surguja (C. G.) Defendants Shri Vinod Kumar Tekam, P.L. for the State/respondent No. 3. Respondents No. 1 8s 2 not noticed. ORDER (Passed on 30/09 I 201 1) I. By this petition under Article 227 of the Constitution of India peu'tioner has challenged the legality and propriety of the onier dated 20/7/2011 passed by 5th Civil Judge, Class~ll, Ambikapur, Surguja (C.G.) in civil suit No. IOA/ 2O 10 wheleby application filed on behalf of the petitioner for not permitu'ng the witness Ajay Kumax WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Present:-Shri Rahul Mishra, Advocate for the petitioner. gED Gupta power of attorney holder of plainn'ff to give evidence has been dismissed. After some argument, leamed counsel for the petitioner submits that he seeks to withdraw this petition with liberty to take all the grounds before the trial Court. Prayer allowed. Consequently, petition is dismissed as withdrawn with aforesaid liberty. No order as to costs. I.A. No. 01 stands disposed of. Sd/— t T.P. Sharma Judge fW