1 2025:CGHC:38014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 107 of 2022 1 - Smt. Pushplata Singh W/o Late Suresh Prasad Aged About 59 Years R/o Village- Banaras Road, Nagar Ambikapur, Distt.-Surguja (C.G.) 2 - Jitendra Prasad Singh S/o Late Suresh Prasad Aged About 40 Years R/o Village- Banaras Road, Nagar Ambikapur, Distt.-Surguja (C.G.) 3 - Parvinder Kumar Singh S/o Late Suresh Prasad Aged About 37 Years R/o Village-Banaras Road, Nagar Ambikapur, Distt.-Surguja (C.G.) 4 - Ashish Singh S/o Late Suresh Prasad Aged About 30 Years R/o Village-Banaras Road, Nagar Ambikapur, Distt.-Surguja (C.G.) ... Appellants versus Vijay Kumar Patel S/o Chhatthu Choudhari Aged About 62 Years R/o Choprapara Nagar Ambikapur Dist.-Surguja (C.G.) ... Respondent For Appellants : Mr. Dev Ashish Biswas, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 01.8.2025 1. The appellants have preferred instant misc. appeal under Section 43 Rule 1(d) of the Code of Civil Procedure, 1908 against order dated 03.10.2019 passed by Second Upper District Judge, Ambikapur (Surguja) in Misc. Civil Suit No.04/2018, whereby application filed by the appellants/defendants under Order 9 Rule 13 of CPC has been rejected. 2. Heard on IA No.03/2025, application for withdrawal of instant appeal. 3. Learned counsel for the appellants submits that since sole respondent BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.08.04 10:45:17 +0530 2 Vijay Kumar Patel has died during the pendency of instant appeal, the appellants do not want to prosecute this appeal further. Hence, they seek permission of the Court to withdraw instant petition. 4. On due consideration of the prayer and the reasons mentioned in the application, IA No.03/2025 is allowed and the appellants are permitted to withdraw instant appeal. 5. Accordingly, the misc. appeal is dismissed as withdrawn. Sd/- (Naresh Kumar Chandravanshi) Judge Bini