AL , N THE HIGH COURT OF JUDICATURE AT BILASPUR I WkIT PETITION (Anazzn No. [WK of 2009 PETITIONER Sm‘r. Laxmi J Shah, widow of (Applicanf) La‘re Jawaharlal Shah, aged about 48 years, resident of Sadar Bazar, Raipur‘ & Bilaspur‘, fhr'ough her A‘r’ror'ney Shri Jignesh Shah, son of Lafe J.e’rhalal Shah, aged abou‘l‘ 45 years, residen’r of Sadar Bazar, Bilaspur (CG) Vs RESPONDENTS 1. Madan Singh Saluja, aged abouT 58 years, son of Diwan [My I Singh Saluja, residen’r of K ‘ c,\“§) i Telipara, Bilaspur (CG) 5\§V\¥2" I (W‘ . y Addi’rional Dis’rr'ic‘r Judge, WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ho yd \ w m §tm $1200 7 WWW WpgiavNé lgU /09 mm (Wx> WW§1§§§1W mmm ésaifawm SB: HON. SHRI JUSTICE N.K. AGARWAL 12-11-2009 Shri Kshitij Sharmd, Advocate, for the petitioner. Shm‘ R.K. Tiwari, Shri Shanna, 1 d counsel for the petitioner submits that after passing of order by the Ist Additionai District Judge, Bilaspur in M. .C. No. 53/2008 by which learned ' / District Judge has rem ded the matter back for re-hearing of the restoration applicati n preferred by the petitioner, learned Rent Controlling Autho 'ty is hearing the matter and the matter is at the verge o disposal and, therefore, the petition »may be disposed of irectjng , learned Rent Contromng vocate, for the respondent. Authority to decide the application expeditiously. Prayer 1s reasonab e Therefore, the pet1 on 1s dlsposed of W1th a direction to the trial Court to dec1de] the apphcatlon for restoration of the eviction application preferred by the petitioner expeditiously keeping in mind that the restoration application was preferred by the petitioner immediately after 20 days of dismissal of his application for non-prosecution as, the provisions of Order 9 Rule 9 of C.P.C. are not penal in nature; l ‘ Sd/— 7N.K.‘Agarwal n Judge L \/9s 11/2, v4 on 000 L A e e