RAGHUVIR SINGH Vs. IVTH ADDL DISTRICT JUDGE BASTI

JUDGEMENT

(1.) HEARD Shri Salil Kumar Rai for the petitioner. Shri P.N. Saxena, Senior Advocate appears for the respondents.

(2.) THE plaintiff-petitioner filed Original Suit No. 451 of 1993, Raghuvir Singh v. Smt. Prabhawati Devi and others, for permanent injunction restraining the defendant, first set, from interfering in his rights on the suit property given at the foot of the plaint, on the allegations that he had purchased 3/4th portion of Plot No. 2602 area 0-7-1 Dhoor and Plot No. 2603 area 0-6-14 and Plot No. 2849 situate at Mauja Basti Khas Tappa Haveli Pargana Basti from Abdul Rauf son of Sardar Khan; Rais Ahmad son of Abdul Majid and Ashiq Ali son of Mohd. Saleem by a sale deed dated 22.2.1985 and was given possession of the property. He is continuing in possession since, thereafter. THE defendant third set namely Manuddin and others (defendant Nos. 7 to 12) have sold their 1/4th portion in the same property in favour of Smt. Prabhawati; Heera Lal and Shravan Kumar, the defendant-first set. It was stated that after purchasing the land the plaintiff constructed the boundary wall and two rooms after getting the shallow land of the plot filled up by earth work. THE defendant first set made an attempt to interfere in his rights giving rise to the cause of action to the plaintiff on 9.5.1993 to file the suit.

(3.) ON 24.4.1995, the plaintiff-petitioner filed an application on 24.4.1995 for permission to withdraw the suit. The trial Court allowed the application on 25.5.1995. By the same order the trial Court allowed the application for restitution and directed the plaintiff-petitioner to hand over the possession of the suit property to defendant-respondent. The plaintiff filed a Civil Revision No. 123 of 1995, which was dismissed on 23.9.1996, giving rise to this writ petition.