@ HIGH CQURT OF CHHAT’I‘ISGARH AT BILASPUR wRIT PETITGN (An. 227p no. 6458 OF 2011 PETIITONER/ Anirudh Knmar Ashara, S/o DEFENDANT NO. 4 Amlit Lal Ashara, Aged about 62 yams, R/o Shankar Nagar, Geetanjali Society, Raipur (CG). Versus RESPONDENT] Gajendra Kuamr Ashala, S/o PLAINTIFF Vallabh Das Ashara, Rio H. No. 10/487, Swami Vivekanand Ward 44, Budapaxa, Raipur, Tahsil 8r. District Raipur (CG). Note:~Defendants No, 2, 3, 5, 6, LRs. of 7, 8, 9 an 10 have not béen imyleaded as necessary parties in the instant petition, as all these defendants are ex paxte in the civil suit. WRIT PETITION UNDER ARTICLE 227 ORTHE CONsTII-U'rIoN OF '\ INDIA. (SB :Hon’ble Mr. T.P.Sharma, J.) Present:- Shri B.D. Guru, Advocate for the petitioner. Respondent net noticed. ORDER (Passed on 01I11I2011) 1. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 21/9] 2011 passed by 3rd Civil Judge Class-2, Raipur C.G. in civil suit No. 12A] 2009. 2. After some argument, leained counsel for the petitioner submits that he seeks to withdraw this petition with liberty to hie appmpn'ate application under Cider 22 Rules 3, 4, 9 of the Civil Procedure Code, 1908 and Section 5 of the Limitation Act to implead proper party to represent counter claim. 3. Prayer allowed. 4: Consequently, petition is dismissed as Withdrawn with aforesaid libelty. No order as to costs. 5. interim application stands dispose of. Sd/- T.P. Shanna Judge