MUKUND VISHWANATH SONAWANE Vs. HIRA FULCHAND SALAMPURE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent.

(2.) By way of present petition, the petitioner impugns the order dated 29th June, 2009, passed by the learned 4th Joint Civil Judge (Junior Division), Aurangabad, below Exhibit 21 in Regular Civil Suit No.776/2008, thereby rejecting the application filed by the present petitioner for withdrawal of the suit with liberty to file a fresh suit, on the ground that there is formal defect.

(3.) The petitioner plaintiff has filed a suit for perpetual injunction. The claim of the petitioner plaintiff is based on an agreement of sale dated 25th February, 2008. In the suit i.e. Regular Civil Suit No.776/2008, an application under Order 39, Rules 1 and 2, for temporary injunction, was also filed. The same is rejected. The said order has not been challenged and, as such, his achieved finality.