JAI PRAKASH Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) Heard Sri. M. K. Gupta, the learned counsel for the petitioner.

(2.) This writ petition is being disposed of at the admission stage itself without issuing notice to the defendants-respondents.

(3.) The petitioner is the plaintiff and had instituted a suit against the defendant for a permanent prohibitory injunction restraining them from transferring the property in question. The plaintiff alleged that he is owner of the property in question on the basis of inheritance. During the pendency of the suit, the plaintiff came to know about the existence of the sale deed which is alleged to have been issued by his father, in his favour, and. therefore he moved an application for the withdrawal of the suit with a liberty to file a fresh suit bringing this fact about the execution of the sale deed in the subsequent suit. This application was partly allowed by the trial Court. The trial Court permitted the petitioner to withdraw the suit but did not grant liberty to file a fresh suit. The plantiff filed a Misc. Appeal which was also rejected as not maintainable. Consequently, the writ petition.