IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1188 of 2009 (M/S) Yashpal Singh S/o Sri Mahipal Singh, R/o Village-Benoli, Telwadi Tehsil-Tharali, District-Chamoli. ………… Petitioner Versus 1. Kumari Sarika D/o late Lalitmohan Singh Rana, 2. Ajeer Kumar S/o Late Lalitmohan Singh Rana, 3. Abhishekh S/o Late Lalitmohan Singh Rana, All are the R/o Village-Benoli, Telwadi, Tehsil- Tharali, District-Chamoli. ……… Respondents Sri Chandramauli Shah Advocate present for the petitioner. Date: July 24, 2009 Hon’ble B.S.Verma, J. This petition has been filed by the petitioner seeking writ of certiorari for quashing the impugned judgment and order dated 07.03.2009 passed by the District Judge, Chamoli at Gopeshwar in Civil Revision No.04 of 2007, Yashpal Singh Rana versus Km.Sarita Rana & others. 2. The trial court, by its order dated 23.06.2007 has allowed the application for substitution (Paper No.17-Ka) filed by the plaintiff (respondents herein) in Misc. Civil Case No.09 of 2004 Smt.Jayanti Devi & others versus Yashpal Singh, on payment of Rs. 250/- as cost against the defendant, against which the defendant /petitioner preferred a 2 revision before the District Judge which was dismissed on merit. Aggrieved by the order dated 07.03.2009 passed by revisional court, the petitioner has come up with the writ petition. 3. During the course of hearing, the learned counsel for the petitioner seeks permission to withdraw the writ petition. 4. Permission is granted. 5. The writ petition is dismissed as withdrawn. However, the Civil Judge (Sr. Division), Chamoli is directed to decide the application under Order IX Rule 13 C.P.C. (Misc.Civil Case No.09 of 2004) moved by the respondents, expeditiously as far as possible preferably within a period of three months from the date of production of certified copy of this order. (Stay Application No.6226/2009 stands disposed of accordingly.) (B.S. Verma, J.) 24.07.2009 P.Singh