\E HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No. 3394 of 2003 Raigarh. WRIT PETITION UNDER ARTICLE 227 CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Eresent: Shri Amit Shanna, Advocate for the petitioners. ORAL ORDER (Passed onT..— 20 day of January, 2009) Learned counsel appearing for the petitioner submits that the decree passed by the Court below is under execution but the decree is pending consideration in second appeal before this Court Thus, the petitioner may be permitted to make an application under order 21 rule 29 of the Code of Civil Procedure, 1908 in the pending second appeal. The petitioner further seeks permission of this Court to withdraw this: petition with the above stated liberty. 2. It is ordered. Accordingly: the petition is dismissed as withdrawn with the above stated liberty, if so advised. 4. Consequently, M(W)P NO. 3091/2003, also stands dismissed. / //. Sdl- -7, Judge ' #/ saash K. AgnihO‘Iit Amit PETITIONERS ; 1. Dindayal Khirwal S/o Late ‘Ganpat Rai DEFENDANT ’Khirwal, Aged about 65 year Rfo Dani Para Raigarh, Distt. Raigarh. 2. Smt. Gulabi W/o Shri Ganpat Rai Khiiwal R/o Sadar Bazar, Danipara, Raigarh (C.G.) VERSUS , RESPONDENT : Mahesh Prasad Saha S/o Rampyara Saba, Aged FLAINTIFF about 66 yeaf- We Sadai’ Bazaf, Raigarh Dim