€(o HIGH COURT OF CHHATriSOARH AT BILASPUR W.P. 227 No. 7394/2011 Petitioner Defendants 1. Respoadeats 2. Versus 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Snit Raimunbai aged about 77 years Widow of Fattelal, Agriculturist Resident of ViUage Tendubhata Tah. Saja, Dist. Durg (C.G.). Snit. Kailashabai aged about 50 years Resident of Village Kargikala, Tafai. Kota, Dist. Bilaspur (C.G.). Satish Bhatt aged about 55 years Madan Gopal Bhatt aged about 50 years Rajendra Kumar Bhatt aged about 44 years Sudhaker Bhatt aged about 48 years Smt. Shobha Bhatt aged about 40 years Respondents Nos, 1 to 4 above are fh.e sous of aad petitioner no, 5 is tiie daughter of late Shri Ambika Prasad Bhatt. Residents of Tendubhata, Tah. Saja, Dist. Durg (C.G.). Lalarami Bhatt aged about 72 years S/o Thaaii Suigh Bhatt Diaesh Kumar Bhatt aged about 48 years Devi Prasad Bhatt aged about 38 years Smt, Maajoo Bhatta aged about 36 years Respondents Nos, 7 and 8 above are ftie sons of Lalaram Bhatt and Respondent No. 9 above is the daughter of Lalaraoi Bhatt AU Respondents from 6 to 9 above are the residents of village Kumbhi, P.0. Baargaon, Tah. Berla, Dist. Durg (C.G.). The Collector Durg, Tah. & Dist. Durg (C.G.). The Tahsildasr Saja, Tah Saja Dist. Durg (C.G.), WRIT PBTITION UNDBR ARTICLB 227 OP THB CONSTITUTIO]!! OF INDIA. (SB :Hon*bIe Mr. T.P.Sharma, J.) Present:- Shri Arun Kumar Agrawal, Advocate for the petltioners. Respondents not noticed. - ^- ORDBR ^ 3. 4. (Passedon 08/12/2011) By fhis petition under Article 227 of fhe Constitution of India petitioners have challenged fhe legality aad propriely of the order dated 11/10/2011 passed by Civil Judge Class-II, Saja m execution case No. 77-A/84 whereby appUcation ISled on behalfof fhe petitioners for stay of Uie execution proceediag has been dismis^ed. After soiae arguinents, leamed counsel for the petitioners submits fhat he seeks to wifhdraw fhis petition wifh liberty to file appropriate appUcation ia terms of Section 47 of fhe Civil Procedure Code, 1908 before fhe Executmg Court for decision ia tenns of Section 47 sub-Section 3 of the CivU Procedure Code, 1908 fhat whefh.er respondents are legal representatlves of deceased decree holder or not, Prayer aUowed, Consequently, petition is dismissed as wifhdrawn with aforesaid Uberty, However, if such appUcation is filed on behalf of tlie present petitioners then Executing Court is under obligation to iaquire aiid deicide appUcation ia accordance wifh Section 47 of the Civil Procedure Code, 1908. No order as to costs, Intermi appUcation staads disposed of T.P. Sharma Judge -/^'