NARAYAN Vs. NARASINGH

JUDGEMENT

(1.) Learned counsel for appellants has filed application under Order XXIII Rule 1(3) of Code of Civil Procedure seeking leave of this Court to withdraw appeal with liberty to file fresh suit before Competent Court.

(2.) In the affidavit filed in support of application, it is stated that instant suit in O.S.no.85/2007 was filed seeking bare injunction for following reliefs:

(3.) Trial court dismissed suit on the ground that despite Commissioner's report, there was no proper identification of encroached portion. On same ground even appellate court confirmed finding of trial court.