HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (ART. 227] N0. 4759 OF 2011 PETITIONER/ DEFENDANT ~1 RESPONDENT] PLAINTIFF RESPONDENT] DEFENDANTS Kg/ SUBHASH CHANDRA CHHABRA S/O LATE SHRI MALIKRAM CHHABRA, AGE IS ABOUT 53 YEARS RESIDES AT GONDPARA, JAGAT NIWAS BILASPUR C.G. BALDEO KRISHNA CHHABRA AGE IS ABOUT 55 YEARS, RESIDES AT GONDPARA, JAGAT NIWAS BILASPUR C.G. RAJENDRA CHHABRA AGE IS ABOUT 48 YEARS RE-SIDES AT GONDPARA, JAGAT NIWAS BILASPUR C.G. NARENDRA CHHABRA AGE IS ABOUT 45 YEARS ALL SONS OF LATE. MALIKRAM CHHABRA RE SIDES AT GONDPAR, JAGAT NIWAS, BILASPUR C.G. SMT‘ KAVITA MADAN W/ O PREM MADAN AGE 43 YEARS NEAR ITWARI BAZAR KOREA DIS. 85 TAHSIL KORBA C.G. SMT. SAVITRI W/O MADAN JUNEJA MAIN ROAD SARGAON AGE 55 YEARS DIS. 8n TAHSIL BILASPUR C.G. SMT. VIMLA W/O LATE DR. D.P. AKHAND AGE 61 YEARS BEHIND TATIBANDH GURUDWARA, RAIPUR C.G. SMT. NIRMALA SALUJA W/O RAMPRAKASH SALUJA AGE 59 YEARS, MINOCHA COLONY BILASPUR, DIST. an TAHSIL SMT. ANITA W/O NARENDRA GAMBHIR, AGE 48 YEARS, MAHANGANJ COLONY, INFORNT OF SHAHID PARK SHAJAPUR (U.P.). C.G. $rATE THROUGH, COLLECTOR BILASPUR C.G. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (83 :Hon’ble Mr. T.P.Shatma, J.) Present:— Shri Vijay Chhabra, Advocate for the petitioner. Shn' Sumit Jhalxwar, P.L. for the State] respondent No. 9. Respondents No. 1 to 8 not noticed. ORAL- ORDER (Pawed on 19/08/2011) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 20/6/2011 passed by 8th Civil Judge Class-2, Bilaspur C.G. in civil suit No. 114~AI 2O 10 whereby Court below has directed the petitioner to begin case] to adduce evidence. After some argument, learned counsel for the petitioner seeks to Withdraw this petition and submits that original unregistered will deed is in possession of present petitioner and after showing the same to Comt and plaintin‘s, he has taken back with a View to safe the same nom any untowards happening and peh'tioner will file aforesaid docnment before the Court within 15 days With applicah’on to begin his case in terms of Order 18 Rule 1 of the Civil Procedum Code, 1908 to establish his defense. Consequently, petition is dismissed as withdrawn with afomsaid liberty. Considering the pleading and order impugned alleged will is necessary document for disposal of the suit therefore, if petin'oner nles original will along with appropriate application for taking the same on record then Court shall permit the petitioner for producing such will, in case of any necessity unmgistered document may be kept in safe custody. No order as to costs. Sdl- T.P. Sharma Judge