ATUL Vs. NALINI

JUDGEMENT

(1.) After arguing at length, learned counsel for the petitioners in the light of decisions of a coordinate Bench of this Court in the case of Rais Khan and another vs. Pradeep and others, (2016) 1 MPRN 239 and Shivkumar Sharma and others vs. Sukhdev Lal and others, (2016) 1 MPRN 347, prays for withdrawal of this misc. petition in respect of order dtd. 4/9/2024 whereby trial Court has dismissed petitioners' application under Sec. 45 of the Evidence Act, with liberty to file fresh application after evidence of the parties.

(2.) Prayer being reasonable is accepted and petitioners are permitted to withdraw this misc. petition in respect of order dtd. 4/9/2024 with the aforesaid liberty.

(3.) So far as the order dtd. 28/8/2024 is concerned, petitioners/plaintiffs are challenging the said order passed by 4th Civil Judge Senior Division, District Burhanpur in RCSA No.15/2021 whereby trial Court has closed right of evidence of the plaintiffs and fixed the case for evidence of the defendants.