assssa fv HIGH COURT OF CHHATTISGARH, BILASPUR PETITIONERS Plaintiffs RESPONDENTS Defendants W.P. (2271 No. 5165 of 2009 1. Dukalu,S/o Late Motiram Sidar, aged about 50 years, Caste Sawara, Occupation Agriculture 2. Smt. Sunee Wd/o Late Motiram Sidar, aged about 70 years, Caste Sawara, Occupation dependent Both are Residents of Village Siladi, Tahsil Pusore, Distt. Raigarh (C.G.) Versus 1. Purno Bai, Wd/o Late Dileshwar Kaundh, aged about 77 years, R/o Village Kodatarai, Tahsil Pusore, Distt. Raigarh 2. Smt. Sheela Bai, D/o Late Dileshwar Kaundh, aged about 45 years, R/o Village Pihra (Bonda) Tahsil Sarangarh, Distt. Raigarh (C.G.) 3. State of Chhattisgarh Through- Collector, Raigarh Distt. Raigarh (C.G.) Writ Petition under Article 227 ofthe Constitution of India Appearance : Mr. Manoj Jaiswal, counsel for the petitioner. Mr. U.N.S. Deo, Govt. Advocate for the State/respondent No.3. ORAL ORDER (10.09.2009) SUNIL KUMAR SINHA, J. Heard. Learned counsel for the petitioner, in view of the fact that by order impugned, an objection filed under VII Rule 11 of C.P.C. has been upheld and the plaint has been rejected, which amounts to a decree within the meaning of Section 2 (2) C.P.C., seeks permission to withdraw this writ petition with a liberty to file a regular first appeal before the appropriate Court. Permission granted. Accordingly Writ Petition (227) No. 5165/2009 is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner. Certified copy of the impugned order shall be returned back to the counsel for the petitioner after retaining the photo copy of the same. Sd/- Sunil Kumar Sinha Judge 'uatti