w. P. (227) No. 9 03 PETITIONER NON-APPLICANT BEFORE THE HON’BLE HIGH COURT OF CHATTISGARH AT BILASPUR / 2010 SINGLE ENET‘E Deepak Jain, S/o Mohanlal Jain, aged about 36 years, Firm Motilal Battulal, Shastri Chowk, Dharntari, Dist : Dhamtari—(C.G.) VERSUS Abhijit Bose, S/o Ravindranath Bose, Aged about 60 years, Proprietor, Calcutta Photo Studio, Bastar Road, Dhamtari, Post 86 Dist : Dhamtari (C.G.) Naveen Patel, S/o Late Shri Bakor Bahi Patel, Aged about 44 years, PD. Company, Near Teer Bidi Bastar, ‘Post 8t Dist : Dhamtari (C.G.) 2nd Address — Meéra Apartment, Alkapuri Society, Opp : M.K.M. High School, Post Baroda, Dist : Baroda — (Gujrat) Sohanlal Sahu, Process Surveyor, Civil Court Dhamtari Tikde, Reader and Clerk, Civil Court, Dhamtari (C.G.) Dhande, Nayab Nazir, Civil Court, Dhamtari — (C.G.) Though the Non—applicants No.3, 4 85 5 are the formal parties and have been impleaded as non- applicants because they have been made party by Shri Abhijit Bose (applicant) of the Court below, no relief is being sought against these three non—applicants. RESPONDENTS l . APPLICANT NON-APPLICANTS 2. )o w Ma Asa t x am 1m wr “a“ >' WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA <@ HIGH COURT OF CHHATTEGARH AT BILASPUR Sin le Bench: Hon’ble Shri J stice Prashant Kumar Mishra Wtit Petition {227) No.903 l 2010 PET‘TIONER Deepak Jain NON-APPLICANT Versus RESPONDENTS Abhijit Bose and others. APPLICANT Shri PR Patankar, counse! for the petitioner. WRIT PETITION UNDER ARTICLE 22? OF Ti-iE CONSTITUTION OF INDIA ORALoRnER (na.na.2n19) The petitioner along with respondent No. 2 filed a suit against respondent No.1 Abhijit Bose. The said suit was dismiésed. Appea! preferred by the petit'noner before the first appellate Court wasva¥so withdrawan. During pendency of the met appeal the respondenl Noll moved an application under Sections 190, 195 read with 34a of Cr.P.C. to initiate appropriate proceeding against the petitioner for making interpolation in the Court record, however after filing of the eubject application, the first appeat was withdrawan by the petitioner (2) Admittedly the said application under Sections 190, 195 read with 340 oi Cr.P.C. registered at M.J.C. No. 4/04 is pending before the trial Court i.e. M.J.C. Court. {3) The instant petition has been preferred seeking quaehment of the proceedings in MAJ.C. No. 4104 pending before the it Civil Judge r-xK Class-l, Dhamtari and further to quash the impugned order dated V 70403-2094, 05-03—2004 passed in the said M.J.c. \ _'L~ (4) Since the M.J.C. praceedings are pending; wherein the §aetitioner would have the fuliest opportunity to plead his case and raise al! the defenses which are avaiiabie to him in law, this Court, at this interim stage, is noi inciined to interfere with the proceedings pending befere the Civil Court. Thie Court does not find any such ground far interference in exereise of power under Article 227 of the Constitution of tndia. in the result, the instant petition fails and is hereby dismissed. \\ I Sd//- lPrashant Kumar Mishra Judge "W