HIGH Petitioner Resgondents pf$ ION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Present:— Shri Dhiraj Wankhede, Advocate for the petitioner. No. l and submits that respondent No. l has died. PETIT Shri Ashish Nnm Surana, Advocate appears on behalf of the respondent one for the respondents No. 2 to 4. 2 , ORDER {Fassed on 13i6§i25i 1; l. By this petition under Alticle 227 of the Constitution of India petitioner has chalienged the legality and propriety of the order dated 23/9/93 passed by 51h Additional District Judge, Durg in civil appeal No. 6—Aj 93 whereby 5th Additional District Judge, Durg has dismissed. the appeal on the ground of competency of the person who has preferred an appeal on behalf of the minor and held that nest friend of the minor appointed during trial was competent person to prefer an appeal. Shn' Dhiraj Wankhede, Advocate for the petitioner. & Shri Ashish Surana, Advocate appears on behalf of respondent. No. 1 are heard. Aforesaid endorsement to that effect be made in the array of respondent No. 1 that he is dead. Order impugned reveal that Court below has not denied the right of appeal. Lxsy t COURT OF CHHATTESGARH AT EILAS?UR r Misc. Petitie'n N9. 371 of 94 Ms. Ms. Temin Bai, aged about 14 years, Late Sukhiram Sahu,‘ minor, through next friend Dwarka Prasad Sahu, resident of village Utai, Tahsil and Distt. Durg. 1. Jawaxilal Parakh (Died name 2. deleted). Gyan, son of Late Sukhiram, aged about years, resident of Village Borigarka, Tahsil 3. 331d Distt. Durg. Kisun Lal Sahu, son of Jethu, resident 4. Village Chigari, Tahsil and Distt Durg. After some argument, learned counsel for the petitioner submits that he seeks to Withdraw this petition with liberty to approach before the proper fonlm. Prayer allewed. Consequently, petition is dismiesed as withdrawn with aforeeaid liberty. No orcler as to costs. 4' sw— T.P. Sharme '7 judge u x ./ e" _ m