- !N_THE_raGH_CQURT_OFJUD!CA'rUREATBILASPUR CHHATTISGARH WRrrPETITION N0. PETITIONER DEFENDANT / /^a~A ..-;\<-!.' ^.^·€^ ^s^-^ ys^ ..--'^"^ ^•'.d^ ^yx ^^' ^' RESPONDENT: PLAINTIFF VERSUS OF 2006 Bhuneshwar S/o Nanku Sav aged about 67 years, by caste Bani, occupation cultivadon and business , resident of Terana, Tahsil Gharghoda District Raigarh (CG). / Mahesh Prasad S/o Nanku Sav, aged about 53 years, by caste Bani, occupation business, resident of at present Teram, Tahsil Gharghoda District Raigarh (CG). WRIT PETITION UNDER ARTICLE 227 OF .THE CONSTITUTION__QF INDIA FOR ISSUANCE OF WRIT OR WRITS, ORDER OR ORDERS, DIRECTION____OR___JD!RE_CTIONS UNDER THE FACTS AND CIRCUMSTANCES QP THE CASE XI-HC-22 an^T^T R-ii+an^r shlWffl^cT 9/m* S^y*^,pl- niRcfT sfiTTra? 'S^''SIPf\^f, ^ITfly'16, f»f<vlltilj< 3T1^Ti45|cb H P, N o, ^-z>'?o /2-^& H^ 200 f^s •3:ii^r??ciTwgf?(r 29.11.2 Shri Ainrito Das, counse} for fhe petitioner Heard on adinission. B;' way of fhis writ pet^tion, Constitution of India, fhe petifion< ie oider dated 21.12.2005, ^assed by fhe 3rd Additional District oflthe Judge (FTC), Raigarh. By th^ below has dismissed tlie appl) Section 151 C.P.C. -ivitli a piay^ preluninar3r issues in this casej Leamed counsel for the are related to the vpJiiation decided firsfly by the Coiirt fortn A perusal of the oider taken fhis view fhat the matt^r would be appropriate to decid) as accoiding to flie triai Cou^t, reqiiire soine evidence, There appears to be no Court beloxv warrantiii] Constitution oflndia, The petition has no meri^. <tii<iT<?i41'i wivfi ff fs^S <Ri+«;i< ^3rf^iT3n^r , ffled under Article 227 of the °r has chaJlenged fhe legaUty of afbresaid orier, the leanied Court cation of the petitioner fBed under •r to decide flie issue No. 4 aiid 5 as betitiouer siibinits that these issues suit aiid fhey should have been for|which, the prayerwas inade, wbuld show tliat the Court below has is at fhe stage of evidence an.d it l^ these issues after takiag evidence )u4t> the decision on fhe point woiild plegsJity ia fhe order passed by the iritelference under Article 227 of the I. The saine is disniissed in 'imine. Sd/- Sunil Kumar Sinha Judge (tf^^f^)