HIGH ¢OURT GF CHHATTSSGARH AT BILASPUR‘ Writ Petitian (Art.227) No.4773 of 201 1 v Petitioners 1. Mooichand Jain, son of 59m Uttam Defendants Chand Jain aged about 52 years 2. Nltm Jam son of Shn Madchand Jam aged about 29 years Both resident of Uttam Sari Centre, B.S.P. Road. Dallirajhara, Dondi, District Durg, Chhattisgarh Versus , Respondents 1. State of Chhaitisgarh, through Connector; r Defendant Durg, Disnrict Durg, Chhattisgarh M Plaintiff 2. Banwasi Vlkas sanutl Dalhraihara ‘1 i through Presxdant Bansari La! Markam ison of $hri Tejuram Markam aged a ' about 47 years Caste Gond BSP employee, resident of 22A, W Twe, Township Daliirajhare, Tehsii Dondi, District Durg, Chhatiisgam L (Writ Petition under Article 227 of the Constitution of indie) Mr.Amrito Das, counsei for the petitionere. Mr.Vinod Tekam, Panel Lawyer for tespondent No.1/Stete. (SB: Hon’bie Mr. T.P. Sharma, J.) oRoER (oRALy (1 9-8-201 1) 1. By this writ petition under Article 227 of the Constitution of indie the petitioners have chaiienged the iegality & propriety of the order dated 25.7.2011 passed by the Civil Judge Class-ii, Daliirajhara. in Civil Suit No.14~A12009, whereby the Civil Judge Class-ll has dismissed the applieatien filed by the petitionersldefendante under Order 1 Rule 10 read wxth Rule 9 of the C P C 2. ’After some arguments learned counsei for the petitioners submits that vutueiiy it was the duty of respondent No.2/plaintlff to estabtrsh his claim which actually he has acquired the aforesaid‘property, therefore, he seeks to withdrew this writ petition. The writ petition is dismissed as withdrawn with the aforesaid circumstances. No order as to costs. 1 i t Sd/— T.P. Sharma/ K ‘ Judge