Mahendra Kumar vs Bijendra Kumar on 24 January, 2011

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                         W.P.No.18563/10

     Mahendra Kumar & others                            Bijendra Kumar




     24.1.2011
           Shri L.C.Chourasiya, Counsel for petitioners.
            Shri Sanjay Jain, Counsel for respondent.

This petition is directed against an order dated 8.12.2010 by 5 th
Civil Judge Class-II, Balaghat in Civil Suit No.3-A/2009 by which
petitioners’ two applications, one under Order 1 rule 10 of CPC and
another under Order 6 rule 17 of CPC were dismissed.

After arguing the matter, learned counsel for petitioners seeks
withdrawal of this petition with liberty to raise the grounds in appeal
which were raised in the petition.

Though prayer is opposed by Shri Sanjay Jain, learned
counsel for respondent/defendant, but considering peculiar facts of
the case, we allow the petitioners to withdraw this petition with liberty
as prayed.

No order as to costs
C.C. as per rules.

     (Krishn Kumar Lahoti)                     (Smt.Sushma Shrivastava)
C.          Judge                                       Judge