2025:CGHC:20886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 436 of 2025  Rajendra Jain S/o Late S.N. Jain Aged About 56 Years R/o Rajendra Traders Plot No. 2 Industrial Area, Dhamdha Road, Durg, District Durg, Chhattisgarh. ... Petitioner(s) versus  Sukhvindar Singh S/o Late Malkiyat Singh Aged About 42 Years R/o House No. 100/ A, Street 9 Sundar Nagar, Kohka, Bhilai, Durg, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Prasoon Agrawal, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 07-05-2025 1) It is clear that order passed against application moved under Order 9 Rule 9 of CPC is appealable according to the provisions of Order 43 Rule 1 of CPC, nevertheless, petitioner moved an application before the learned Court below under Section 151 of CPC which was not maintainable. 2) At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to prefer appeal according to the provisions of Order 43 Rule 1 of CPC. 3) Permission granted. 4) Consequently, this petition stands dismissed as withdrawn with aforesaid liberty. Certified copy be returned after retaining its xerox copy. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.05.08 10:57:06 +0530