Balram Jaiswal v. Mohd. Kasim

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 978 of 2018 Balram Jaiswal, S/o Shri Vishwanath @ Shivnath Jaiswal, aged about 40 years, Occupation Scrap Dealer, R/o Barhaipara, Raipur, Presently R/o Vyapar Vihar Road, near Astha Petrol Pump, Mini Mata Chowk, Bilaspur, Tahsil & District Bilaspur (C.G.) (Defendant No.1) ----Petitioner

Versus

1.

Mohd. Kasim, S/o Late Mohd. Yasin, aged about 38 years, R/o Link Road Near Raghuraj Stadium Bilaspur, Tahsil & District Bilaspur (Plaintiff) 2.

State of Chhattisgarh, Through : The Collector, Bilaspur (Defendant No. 2) ---- Respondents For Petitioner : Shri Sourabh Sharma, Advocate. For Respondent No. 2 : Shri Arun Sao, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/11/2018 (1) Learned counsel for the petitioner would submit that he may be permitted to withdraw this petition with liberty to file fresh application under Order 6 Rule 17 of the Code of Civil Procedure complying with proviso to said provision and the same may be directed to be decided expeditiously.

(2) Liberty is granted, as prayed for.

(3) Accordingly, the writ petition is dismissed as withdrawn with the liberty as aforesaid. However, if the petitioner files the above-said application within a period of seven days from today, the trial Court is directed to decide the same expeditiously in accordance with law without being prejudiced by impugned order. Sd/- (Sanjay K. Agrawal) Judge D/-