Writ Petition No. 2652 of‘2006 PETITIONERS : 1. Prem Ratan, wiéow of Late Vishwanath Ram Dubey, Flairawg aged about 70 years. _ 2. Laxmi Narayan Dubey, S/o Vishwanath Ram Dubey, age<i abaut 36 years. 3. Mahendra Dubey, S/o Vishwanath Ram Dubey, aged abwt, 33 years. 4. Satish Dubey, S/o Vishwanath Ram Dubey, aged abou 30 years. 5. Ravishankar Dubey, S/o Vishwanath Ram Dubey, aged abeut 28 years. 6. Rajesh Dubey, Vishwanath Ram Dubey, aged about 25 years. All resident of Surajpur, RS. & Tahsil Surajpur, District Surguja (CG). 7. Radheshyam, S/O Dwaxika Ram Dubey, aged about 67 years, R/o viilage Kailari, RS. Bhaiyathan, Tahsil Surajpur, Disirict Surguja (CG). 8. Omkar Nath Dubey, S/o Dwarika Ram Dubey, aged about 60 years, R/o Krishnapur @ Kalua, RS. & Tahsil Surajpm‘, District Surguja (CG). VERS US Ganga Bai, W/o U'pendr’a Dubey, aged about 32 years. 2. r Upendxa Dubey, S/o Ambikeshwar Dubey, aged about 3.5 years. Both resident of viiiage Krishnapur @ Kalua, RS. & Tahsii Surajpur, District Surguja (CG). (WRH’ PETETION UNDER ARTKCLE 226/227 OF THE CONSTITUTION OF INDIA) (SE: Hon'itie Mr. Satish K. Agnihotri. J.) Present : Shri Ashok Kumar Shukia, Advocate for the petitioner. None for the respondeiits. RESPONDENTS Befeaitiants ORAL ORDER (Passed en 2"a ay of February, 2%9) v 1. This is not a case wherein there is jurisdictional error, illegality or irregularity Ii in the order. Even otherwise, the application of the petitioners, tiled under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (for short 'C.P.C.') in pending suit No. 107A/98, was'rejecteti on 01.12.98 (Annexure P18). ‘ the appeal on 24.06.05 (Annexure P/12). have filed this petition on 25.01.06. The petition was dismissed on 16.06.2006 for want of prosecution. applicatiom i.e. M.C.C. No. 371/06, the matter was restor 3. The petitioner's Thereaiter, in the ed to its on‘ginal petition on 20.07.2006. Consequently, M(W)P No. 1990/06, appiication for Stands disposed 0t: grant of interim relief; \ Sahu Sd/- Satish K. Agnihotri Judge