1 2026:CGHC:4611-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 206 of 2025 Ashwini @ Chetana D/o Gopal Thawale Aged About 29 Years W/o Atul Mahajan, Occu- Household, Resident At C/o Smt. Rekha Gopal Thawale, R/o Plot No. 13-B, Ambedkar Society, In Front Of Renuka Temple, Yashoda Nagar, Nagpur District Nagpur, State Maharashtra ... Appellant versus Shri Atul S/o Venu Mahajan Aged About 42 Years Occu- Business House No. 556, Hari Nagar, Katurboard, Durg, Tahsil And District Durg (C.G.) ... Respondent(s) For Appellant : Ms. Fouzia Mirza, Sr Advocate along with Mr. Diwesh Kumar, Advocate For Respondent(s) : Mr. Aman Pandey, Advocate Hon’ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board (28.01.2026) Sanjay K. Agrawal, J. 1. Learned counsel for the appellant submits that the appellant is willing to file an application under Order IX Rule 9 of CPC, 1908 2 therefore he may be permitted to withdraw the case with liberty to file application under Order IX Rule 9 of CPC, 1908. 2. Learned counsel for the respondent did not opposed the contention of the counsel for the appellant. 3. Accordingly, the writ petition is dismissed as withdrawn with aforesaid liberty reserved in favour of the petitioner. 4. This Court has not expressed any opinion with respect to the merits of the case. Sd/- Sd/- (Sanjay K. Agrawal) (Arvind Kumar Verma) JUDGE JUDGE Madhurima