L| ^te^SS •.!(* HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (2271 N0. 4689/2011 PETITIONER DErBNDANT JUDGMENT DEBTOR RESPONDENT8 PLAINTIFFS/ DECREB HOLDBR VERSU8 1. 2. 3, Judeneat Debtpr/appUcaat 4. 5. no. before coutt below. Radhey Shayiti S/o Rajwa Ram, aged about 35 years, R/o viUage Usarwara, Tahsil Gurur Distt. Durg(C.G,). Chandra Shekhar, S/o Cbaadu Lal, aged about 39 years, R/o viUage KhartuM, Tahsil aud Distt. Dhamtari (C.G.). Balaram. S/o Siuiher agcd about 65 years. Kachari Bai, W/o Khein Lal, aged about 67 years. Respondent N0. 2 to 3 are residents of ViUage Usarwara, TalisU Gumr Distt. Duxg (C.G.). Rajinat Bai, W/o Gajaram, aged about 48 years, R/o ViU^e Dhobanpuri, TatisU Gurur, Distt. Durg (C.G.). Rajwa Ram S/o Suaher Sahu, aged about 55 years, R/o vitt^e Usarwara, Tahsfl Gurur Distt, Dui^ (C.G.). WRIT PETITION UNDER ARTICLB 227 OP THE CONSTITUTION OF INDIA. (SB :Hoa'Me Ws. T.P.Sharma, J.) Present:- Shri B.P. Singh, Advocate for the petitioner. Respondents not noticed. QRAL-CTtDER (Passedon 18/08/2011) By Qus petition uuder Article 227 of the Constitution of India petitioner has chaUenged fhe legality and propriety of the order dated 6/7/2011 passed by Additional District Judge, Balod, District Durg (C.G.) in CivU M.J.C. No. 3/2010 rejectmg fhe appUcation filed iixtder Order 9 Rute 13 of the Cwil Procedure - Code, 1908 fiir setting aside the exparte judgment and decree. Leamed counsel for the petitioner submits fhat he seeks to withdraw fhis petition wiffa Uberty to file appeal against such oider '^ j in terms of Clause -D of Oitter 43 of ftie Civil Procedure Code, 1908. 3. Prayer aUowed. 4. Cosneuqntly, petitiou is disinissed as withdrawn with aforesaid liberty. 5. Certified copy of fhe order impugned be retunaed to the leamed counsel for the petitioner after submission of photocopy duly attested by petitioner or counsel for the petitioner. No order as to costs. l' Sd/- T.P. Sharma judge <