HIGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. M.A, No. 782 ot2003 Appellants Piaintiffs Legal representatives of the deceased sole appellant Bishamber Prasad Modi:- 1A. Smt.Geeta Modi, aged about 61 years, W/o Late Shri Bishamber Prasad Modi, 1 B. Raj Kumar Modi, S/o Late Shri Bishamber Prasad Modi, aged about 40 years, 'rA Respondent 1C. Rakesh Modi;'S/o ,Late Shri Bishamber Prasad Modi, aged aBout 36 years, 1D. Vinay Kumar Modi, S/o Late Shri Bishamber Prasad Modi,\aged about 29 years, \ 1E. Smt Vidya Agrawal, ag§d aboaut 42 years, W/o Shri Ashok Kumar Agrawal, D/o Late Bishamber Prasad Modi, R/o Argoha IVIarg Korba, Distt. Korba (CG) 1F. Smt Sweta Agrawal, aged aboyt 27 years, W/o Madhukant Agrawal, D/o Late Shri Bishamber, R/o Rishi Colony, Dayalband, Distt. Bilaspur (CG) Versus Bhagwan Das Modi, S/o Late Dwarika Das Modi, aged about 53 years, R/o Main Road, Korba, District Korba (CG) Miscellaneoys apoeal under Order 43^Rule Uu)^f the CPC Present: Shri Parag Kotecha, counsel for the legat representatives of the deoeased sole appellant. Shri Raj Kumar, appellant No.lB was also present. Shri Sanj'ay K. Agrawal with Shri Sudeep Agrawal, oounsel for the respondent. ORAL ORDER (Passedon 27.11.2008) Learned counsel for the legal representatives of the deoeased sole appellant sought permission to withdraw this appeal wjth liberty to request the trial Court to try the issue relating to the valuation of the suit as a preliminary issue. (2) Not opposed. . (3) Reserving the aforesaid liberty, fhe appeal is dismissed as withdrawn. ^.- - . '• , ! , Sdl- -^- Diti^ Raosaheb Deshmukh / / judge