HK3H CQURTOF CHHATTISCAIW: BjLASPUR Single Bench: Hon'bleShri Dilip Raosaheb Deshmukh, J. MA ,5ffi2M8 ADDellant (Defendant) Joint Directpr, Software Paite of India, Minfstryof Communication and Information Technology, Govt. of India, Nehru Nagar, Qstt. Durg (C.G.) Versus Shyamal Ghosh, S/o Late Pran Gopal Ghosh, Aged about 56 years, Orector, Ms Gbbusoft, sttuated at Bhitai, R/o 100/A Raubandha Sector, Bhilai, Tahsil & Distt. Durg (C.G.) Miscellaneous Appeal under0rder43 Rule 1 (R) ofCivil Procedure Respohdents fPlaintiff) Present: Shri Pritinker Diwaker, Senior Advocate with ShriAraup Majuradar, counsel for theappellant/defendant. Shri Arjun Yadav, counsel for the respondent. ORAt.ORDER (Passed on 01.10.2008) Shri Pritinker Dhvaker, leamed Senior Advocate appearing on behalf of the appellant/defendant submjtted that in view of the fact that by the impugned order dated 21.04.2008, the 2"'1 Additional DJstrict Judge, Durg has only injuncted the appeltent/defendant from evtoting the plaintiff otherwise thdh in accordancewith law, the appeltant/defendant shall, in view of the fact that pertod of license of the respondent/plaintiff has already expired, initiate proceedings under law ~ to ewct the respondent/plaintiff froro the suit premises. It wasfurther subm&ed by the teamed Senior Advocate appearing on behalf of the appellant/defendant that he would move an applicatton before the2 Additional Distrtet Judge, rrn^ '^&~: Aijani .<,•; :-t tta,-; _ 2- [Xirg for vacating the impugned order in view ofthefact that the period of Iteense granted to the respondent/plaintiff has already expired. On these premises, learned counsel for the appellant/defendant sought permisgon to withdrawthis appeal and prayed that liberty may begranted to the appellant/defendant to take the above steps. 2. Prayer is not opposed. 3. In this view of the matter, this Misc. Appeal is dismissed as withdrawn with liberty as prayed for. The 2 Additional Distrfct Judge shall endeavour, in the facts and circumstances mentioned above, to decide all interlocutory applicatfons and the suit expeditipusly. I.A.No.01 for grant of interim relief and I.A.No.2 for oyt of tum hearing stand disposed of. Sd/- DUip Raosalieb Deshmukh Judge