'"^... '°fSt; ai H 9/ ^ '<^, HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER: WRIT PETITLON L227LNO. 3905 0¥L20U Gangaram, S/o Late Bratu Ravat (Thethwar), aged about 50 years, R/o Village Mandir Hasoud, Up-tahsil Mandir Hasoud, Tahsil Arang, District Raipur (C.G.). (Defendant No. 1) RESPONDENTS; VERSUS 2, 3. 4. 1. Ramkhilawan Sahu, S/o Uderam Sahu, aged about 56 years, (Plaintiff No. 1) Sunderlal Sahu, S/o Uderam Sahu, aged about 53 years, (Plaintiff No. 2) Devraj Sahu, S/o Uderam Sahu, aged about 42 years, (Plaintiff No. 3) Praveen Sahu, S/o Uderam Sahu, aged about 40 years, (Plalntiff No. 4) Respondent No. 1 to 4 are R/o village Mandir Hasoud, Up-tahsil Mandir Hasoud, Tahsil Arang, District Raipur (C.G.) (Plaintiffs) Suresh Doudiya, aged about 41 years, S/o Shri B.L. Doudiya, Occupation Service, R/o Santoshi Nagar, Raipur, Tahsil and District Raipur (C.G.) (Defendant No. 2) The State of Chhattisgarh, Through the Collector, District Raipur (C.G.) (Defendant No. 3) WRIT PETITION UNDER ^RTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. Malay Kumar Bhaduri, Advocate for the petitioner. Mr. Sanjeev Kumar Agrawal, P.L. for the State/respondent No. 6. ORAL- QRDER (Passedon 21/07/2011) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 9/5/2011 passed by IVth Civil Judge, Class-II, Raipur in C.S. No. 92-A/2010 whereby Court below has allowed the amendment application filed on behalf of respondents No. 1 to 4 withdrawing their pleadings relating to claim of possession; -'2 P 2. Mr. Malay Kumar Bhaduri, learned counsel for the petitioner and Mr. Sanjeev Kumar Agrawal, P.L. for the State/respondent No. 6 are heard. 3. Learned counsel for the petitioner submits that by allowing amendment application, Court below has permitted the plaintiffs/respondents No. 1 to 4 to withdraw their pleadings which will adversely effected the rights of present petitioner. 4. Order.impugned, copy of plaint, copy of written statement and copy of amendment application filed under Order 6 Rule 17 of Civil Procedure Code perused. 5. In the light of Para-9 and relief clause A & C of the plaint, I do not find any illegality in permitting such withdrawal of admission specially claim of relief of possession, Consequently, petition is liable to be dismissed and is hereby dismissed. , 6. I.A. No. 01 is also dismissed. No order as to costs. Sd/- T.P. Sharma Judge