SHAHBUDDIN MISTRI Vs. DEEPAK KUMAR AND OTHERS

JUDGEMENT

(1.) This Writ petition under Article 227 of the Constitution of India by defendant is filed taking exception to the order passed by trial Court dated 25.07.2017 allowing application of respondents/plaintiffs filed under Order 23, Rule 1 CPC seeking leave of the Court to withdraw the suit with liberty to file a fresh suit.

(2.) Facts relevant and necessary for disposal of the writ petition are to the effect that initially a suit for permanent injunction was filed against the defendant asserting that the defendant was licencee of their predecessor-in-title and the plaintiffs have purchased suit property and also prayed for restraining the defendant from using the suit land in any manner whatsoever and, thereafter, prayed for recovery of possession.

(3.) On notice, defendant filed written statement and denied the title of the plaintiffs. Instead, defendant claimed to have acquired independent right to be in possession of the suit house. The defendant has also raised objection as regards maintainability of the suit, pecuniary jurisdiction of the Court on the ground of improper valuation and insufficient stamp duty paid on the plaint as well as non-impleading necessary party. Besides, the plaintiffs have claimed permanent injunction without seeking relief of recovery of possession.