ASHOK KUMAR Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) LEARNED Counsel for the appellant/applicant contends that during the pendency of this appeal, the respondent Corporation has sanctioned the plan of the appellant over the property bearing No. 145/1, 145/2, 147, 148 situated at Bagh Karam Baksh, Jalandhar and thus, the cause of action on the basis of which the suit was filed by the appellant has been vanished and therefore, the appeal as well as the suit have become infructuous. He has sought to place reliance upon the observations rendered by the Apex Court in re : R. Rathinavel Chettiar and Anr. v. V. Sivaraman and Ors., 1999 ACJ 462.

(2.) THE learned Counsel for the respondent submits that she has got no objection if the appellant/applicant is permitted to withdraw this appeal. She has further submitted that the decree has also become infructuous and that being so, she has got no objection if the suit is allowed to be withdraw. As observed by the Apex Court in re : R. Rathinavel Chettiar and Anr. (supra) withdrawal of the suit at appellate rarely only when a strong case is made out. The rights which have come to be vested in parties to the suit under the decree cannot be taken away by withdrawal of suit at that stage unless very strong reasons are shown that the withdrawal would not affect or prejudice anybody's vested rights. Adverting to the facts of the instant case, the respondent has sanctioned the plan of the appellant qua the property referred to above.