HIG’H COURT GF CHHAT'HSGARH AT EILASPUR Writ Petition (C1 No.7545 of 2907 Petitianer Krishna Murari Mishra scn 0f Defendant Ramadhar Mishra resident of Bhais Khata! Duggupara, near Balco Saraswati 'Shishu Mandir Tahsii and Distt.Korba (C.G.) Versus Basant La! Sharma son of Shivdhari Sharma resident of Dohanpara, 0n the back of Sector-07, Balco Nagarv Korba, Tahsil & DisttKorba (C.G.) ' (Wrii Petition under Articie 226 of the Constitution of india) (SE: Hon'bie Mr. T‘P. SharmaJJ Resgondent \ Plaintiff y‘ Presentz- , , Mr.Yogeshwar Sharma, counsei for the petitioner. ORAL ORDER (Passed on 5'“August, 2010) 1‘. Heard. 2. During the course of arguments, learned cdunsei for the petitioner submits that chaiienged in the order dated 147.2007 before the District Judge, Korba in Misc.‘ Civil Appeal No.04i2005 isr the order dated 5.5.2005 passed by the 1g Civil Judge Class-l, Korbe in Misc. Civil Suit No.3!2001, whereby 1$‘ Civii Judge Class-l. has passed the order ex—parte in the absence of the present petitioner. The petitioner was not present on the date of hearing, therefore, he seeks to withdraw this petition with liberty to file appropriate petition for restoration/setting aside the order dated 5.5.2005 passed as ex-parte without providing opportunity of hearing to V the petitioner under the provisions of Order 9 Rule QiOrder 9 Ruie 13 read with SectiOn 141 of the C.P.C. 3. Aocordingly,the petition is dismissed as withdrawn with the aforesaid liberty. Certified copy of the order impugned be returned to the counsel for the petitioner after furnishing duty photostate copy of the same. No order as to costs. r‘ Sdle { T.P. Shanna Judge i