Tengu v. Murli Manohar Tiwari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 233 of 2019 Tengu son of Mangru Ram Gond, son of late Aklu, aged about 45 years, resident of Village - Bakaspur, Police Station & Tahsil - Rajpur, District - Balrampur - Ramanujganj (C.G.) ----Petitioner/plaintiff

Versus

1. Murli Manohar Tiwari, son of Ramjeet Tiwari, aged about 55 years, resident of Village - Bakaspur, Police Station & Tahsil - Rajpur, District -Balrampur-Ramanujganj (C.G.)

2. State of Chhattisgarh, through the Collector, District - Balrampur - Ramanujganj (C.G.) ---- Respondents.

For Petitioner : Mr. D.N. Prajapati, Advocate. For Respondent No. 1 : Ms. Priyanaka Mehta, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/08/2019 (1) Learned counsel appearing for the petitioner would submit that he may be permitted to withdraw this petition with liberty to file application under Order 33 Rule 1 of the CPC giving full particulars/reasons for withdrawing the suit with liberty to file fresh suit before the trial Court. (2) Liberty is granted, as prayed for.

(3) Accordingly, the writ petition is dismissed as withdrawn with the liberty as aforesaid. In the event of filing such an application, the trial Court shall consider and decide the same in accordance with law without being influenced by any of the observations made in the impugned order.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-