\^ PETITIQNER HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION 227 N0. 5370 OF 2011 Madan Lal Sharma S/o Shri Bhairav Lal Sharma, Aged about 60 years, R/o Street No. 3, Shanti Nagar, Bhilai, Tahsil & Distt. Durg(C.G.), (Appellant/ plaintiff) RESPONDENTS Versus 1. 2. 3. 4. Comniissioner, Nagar Palik Nigam, Bhilai, Tahsil & Distt. Durg (C.G.). Mon Singh John, S/o not known, R/o Street No. 02, Plot No. 21, 22, Shanti Nagar, Bhilai, Tahsil & Distt. Durg (C.G.). Ashok Singh S/o not known, R/o Street No. 2, Plot no. 23, Shanti Nagar, Bhilai, Tahsil & Distt. Durg(C.G.). Smt. Varsha Ravlani, W/o Shri Ahup 'Ravlani, Aged about 33 years, R/o Street No. 2, Shanti Nagar, Bhilai, Tahsil & Distt. Durg (C.G.). (Respondents/ defendants) WRITPETITIQ^ UNDER ARTICLE 227 OF CONSTITUTION OF IN0IA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Sachin Singh RaJput, Advocate for the petitioner. Respondent not noticed. ^RDER (Passedon 12/09/2011) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 4/3/2011 passed by 9A Additional District Judge (F.T.C.), Durg in Miscellaneous Civil Appeal No. 9/2010. After some arguments, learned counsel for thepetitioner submits that he seeks to withdraw this petition with liberty to file regular appeal under Section 96 of the Code of the Civil Procedure, 1908 as order passed under Order 7 Rule 11 of the Code ofCivil Procedure, 1908 and dismissal of suit is a decree in termsofScction 2(2). of fhe Code ofCivil Procedure, 1908. ti ^ j' ^ \A' 3. Prayer allowed. 4. Consequently, petition is dismissed as withdrawn with aforesaid liberty. 5. Certified copy of the order impugned be return to the learned counsel for the petitioner after his submission of the photostat copy of the same. No order as to costs. Sd/- T.P.Sharma Judge