1-s .]-<• .I-ii clt< HIGH COURTOF CHHATnSGARH AT BILASPUR WritPetitionfCl No,29p6 pf20SF PETITIONERS DEFENDANT No.2 S 3 1. 2. Smt. Leela Agrawal W/o Late Vishnu Prasad. MinorAkakash Agrawal Aged 13 yeare, S/o Late . Vishnu Prasad through guafdian mother Smt. Leela Devi Agrawal, R/o - Plot No.242, Kosabadi, Korba, Tah. &Distt. Korba(C.G.) Versus RESPONDENTS PLAINTIFF >.1 1. Radhe Shyam Agrawal Aged -48 Years, S/o Indrajmal Agrawal R/o-Plot No.242, Kosabadi, Distt. Korba - (C.G.) Municipal Gorporation, Korba Through - Commissioner Munioipal Corporation, Distt.-Korba(C.G.) Petitjpn U/A 227 of the Constitution of india 2. SmgSeBench: Hon'bleShrl Justice Saflsh K. Agnihotri Present: Shri Ravish Verma, counsel for the petitioners. QRAL ORDER (Passedon10'"May,a)Q?) By this petition, the petitionere have questipned the orderdated 17.08.05 passed by Additional District Judge, Korba, . Chhattisgarh in application.u/o 39 rule 1 & 2 ofCivil Suit No.33-AC005[4-AC007] pn the ground thatthe petitjoners haye not questioned the l^ality ofthis .order immediately as the petitioners were underthe impression that suit might be disposed of expeditloysly. Learned counsel for the petitioners further submits that the delay, if any, js not inordinate. 2. Be that as it may, the order passed by the Court below has no pervereity, illegality or irregularity. It isvvell settied that Wis Court cannot g'o into the merits of the deoision so taken in exeEcise of its jurisdiction under Article 227 of the Constitution of India but only the procedure for takjng such decision is required tobe considered. Thus, there is no procedural irregularity so as to cail for any interference with the impugned order. Accordingly, the petition is dismissed summarily. Satish K. Agnihotri Judge