^^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) N0. 4809 OF 2011 PETITIONER (Defendant No. 1) RESPONDENTS (Plaintiff) (Defendant No. 2) (Defendant No. 3) (Defendant No. 4) (Defendant No. 5) (Defendant No. 6) (Defendant No. 7) (Defendant No. 8) (Defendant No. 9) |~—r (Defendant No. 10.) VERSUS 3. 4. 5. 7. 8. 9. 10. 11. 12. Baldau Alies Ashawani S/o Shri Makhanlal Chandrakar, Aged about 50 years, R/o 'Village & Post Achhoti, Tahsil Kurud District Dhamtari (C.G.). Kunti Bai S/o Shri Ramakant Chandrakar, aged 55 years, R/o Village Segaonnaka Murai Complex Flat No. A/l, Amarawati (Maharastra) & Agriculturist Village Dahdaha, Tahsil Kurud and District Dhamtari (C.G-). TekRam S/o Shri Makhan Lal Chandrakar, aged 47 years, Yaskumar S/o Shri Makhan Lal Chandrakar, aged 45 years, Sitabai D/o Shri Makhan Lal Chandrakar aged about 50 years. Raman @ ShivNarayan S/ Shri Makhan Lal Chandrakar aped about 37 years. Lachhu @ Shivkumar S/ Shri Makhan Lal Chandrakar aged about 37 years. Prabhakar Rao S./o Shri Narayan Rao aged about 50 years. Lokesh Kumar S/o Shri Makhan lal Chandrakar aged about 37 years. Pritibala D/o Baldau Chanrakar aged about 41 years, Respondent No. 2 to 9, all are Resident of Village 8& Post Achhoti Tahsil Kurud Dist. Dhamatari (C.G.). Balaram S/o Shri Makhan Lal Chandrakar aged a-bout 55 years, R/o Vivekanandpeeth Narayanpur, Post & Tahsil Narayanpur Dist. Bastar (C.G.). Thana Prabhari, Thana Kurud Dist. Dhamatari (C.G.). State of Chhattisgarh, Through The Collector, Dhamtari, District Dhamtari (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri R.S. Patel, Advocate for the petitioner. Shri Vinod Kumar Tekam, P.L. for the State/respondent No. 12. Respondents No. 1 to 1 l.not noticed. ,_2.--— -y 4. 5. ORAL- ORDER (Passedon 23/08/2011) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 26/7/2011 passed by Additional District Judge, Dhamtari (C.G.) in civil suit No. 52-A/2011 whereby Court below has dismissed the application filed under Section 10 of Civil. Procedure Code, 1908 on behalf of present petitioner/respondent No. 1 of the SUlt. After some arguments, learned counsel for the petitioner submits that he seeks to withdraw this petition with liberty to first correct and amend his pleading relating to Khasra No. 148/ 1. Learned counsel for the petitioner further submits that new Khasra No. 148/1 isaKhasraNo. of 271. . Prayer allowed. Consequently, petition is d.ismissed as withdrawn with aforesaid liberty even otherwise petitioner is under obligation'to correct his pleading relating to description of the property even for effective decree without any contest by opposite party. I.A. No. 01 is dismissed. No order as to costs. Sd/- T.P. Sharma Judge ^>-