2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(227) No. 779 of 2025 1 - Mithu Meghwani, S/o Lt. Anandram Pokar Mal Meghwani, aged about 61 Years, R/o- Behind Old Tahsil And Near Kurmi Bhawan- Bhilai- 3, Tahsil- Patan, District- Durg ( C.G. ). 2 - Manohar Jethani, S/o Lt. Variyal Das Lalchand Jethani, aged about 56 Years, R/o- Amarjit Talkies Road, Babu Jagjeevan Ram Ward, P.S.- Golebazar Raipur, District- Raipur ( C.G. ). ---- Petitioners Versus 1 - Surendra Dubey, S/o Gendlal Dubey, aged about 53 Years, R/o Through- Shanidev Mandir Marg To Transport Nagar/ In Between Of Hathkhoj, Aavak- Jaavak Marg, New Khursipar Bhilai, District- Durg ( C.G. ) 2 - State Of Chhattisgarh Through- The Collector, District- Durg ( C.G. ). Respondents For Petitioner : Shri Aiswary Diwan, Advocate. For Respondent No.1 : Shri Prasoon Agrawal, Advcoate. For Respondent/State : Ms. Shailja Shukla, Dy. G.A. . Hon'ble Shri Justice Sachin Singh Rajput Order on Board 07/10/2025 1. Learned counsel for the petitioner submits that challenge in this writ petition is to an order dated 01/05/2024 by which the application filed under order 7 Rule 11 of the CPC by the respondent No.1/ defendant was allowed and it was directed that the plaintiff should valued the suit according the marked rate and pay requisite Court fee otherwise the suit would be dismissed in light of Order 7 Rule 11 (b) C.P.C. As the petitioner /plaintiff could not comply the same within a stipulated period of time, the suit was dismissed. Therefore, this writ petition under article 227 of the Constitution of India was filed ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.10.13 18:43:32 +0530 -2- challenging the said order. He submits that against the order dated 01/05/2024, the appeal under section 96 of the C.P.C. would be maintainable. Therefore he may be permitted to withdraw this writ petition to avail remedy available under the law against the impugned order dated 01/05/2024. 2. Not opposed by the other parties. 3. In view of the above, this writ petition is dismissed as withdrawn reserving liberty in favour of the petitioner as stated above. 4. Certified copies of the annexures be returned back after retaining the duly attested photo - copies. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish