IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2853 of 2010 Date of Decision: 28.10.2010 Ballu .... Petitioner Versus Yasin and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. S.S. Dinarpur, Advocate for the petitioner Mr. Sanjeev Verma, Advocate for the respondents ALOK SINGH, J. (ORAL) Learned counsel for the petitioner states that vide impugned order dated 21.12.2009, application under Order 9 Rule 13 CPC was dismissed by learned Addl. District Judge, Yamuna Nagar at Jagadhri against which an appeal under Order 43 Rule 1(d) CPC would lie, hence, he may be permitted to withdraw this petition to file an appeal under Order 43 Rule 1(d) CPC. He further states that appeal shall be filed within 30 days from today and in that event the period consumed in this petition should be condoned in view of Section 14 of the Limitation Act. Present petition is dismissed as withdrawn with aforesaid liberty. (ALOK SINGH) 28.10.2010 JUDGE reena