g3 :I/v \\%§\ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) No. 4746 of 2011 PETITIONER R.K. Jain Consu‘uction Builders Plaintiff and Developers, Through Proprietor Vikas Kumar Jain, aged about 4O yeaxs, S/o Shri R.K. Jain, R/o 311, 312 Thim Floor, Lal Ganga Shopping Mall, G.E. Road, Raipur, Tahsil and Dishict Raipur (C. G.). RESPONDENT Ganesh Agrawal, aged about 48 Defendant yeals, S/o late Gulab Rai Agrawal, R/o Shanker Nagar, Raipur, Tahsil and Dislrict Raipur (C.G.). WRIT pmmon *UNDER ARTICLE 227 OF THE cons'n'nmon OF f mum. (SB :Hon’ble Mr. T.P.Sharma, J.) Present-Mr. H.B. Agrawal, Sr. Advocate with Ms. Sarina Khan, Advocate for the petitioner. Respondent not noticed. ORAL- ORDER (Passed on 23/08/2011) 1. By this petition under Article 227 of the Constitution of India petin‘oner has challenged the legality and propriety of the order dated 1/7/2011 passed by 4th Addiu‘onal District Judge, District Raipur, C.G. in Misc. Civil Appeal No. 15/ 11 a$rming the order rejecting the application for grant of injunction dated 11/2/ 11 passed by 4th Civil Judge Class—2, Raipur (C.G.) in civil suit No. 46A/ 1o. 2. After some argument, learned counsel for the petitioner submits that he seeks to withdraw this petition with liberty to tirst; apprgach to the Civil Court for proper amendment in the light of relief claimed. 3. Praver allowed. Consequently, petition is dismissed as withdrawn with aforesaid liberty. If petitioner may $e amendment application before the tn'al Court and if on the basis of amendment proposed Court finds prima facie that suit if amended would not be infirmity with the pecuniary jurisdiction to it then Couit shall submit the record of the case along with the proposed amendment for proper order before the District Judge in accordance with Section 15(3) of the Chhatu‘sgarh Civil Courts Act, 1958. No order as to costs. Sd/— T.P. Sharma Judge