JAI SINGH Vs. SUNIL KUMAR AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) Challenge herein is to the order dated 16.8.2004, passed by learned Civil Judge (Junior Division), Joginder Nagar, District Mandi, in an application under Order 23 Rule 1(a) read with Section 151 CPC filed in Civil Suit No.120 of 1998, permitting thereby the respondents-plaintiffs to withdraw the suit with liberty to institute fresh in respect of the same subject matter of dispute and on the same cause of action.

(3.) The property in dispute belongs to Baba Balakrupi and situate at Joginder Nagar, District Mandi. The petitioners claim themselves to be in possession thereof being the lessee of owner Baba Balakrupi. The property in dispute is constructed one as the petitioners-defendants claim that they have raised construction of stalls thereon. The respondentsplaintiffs claim themselves to be in possession of one of the stalls in the capacity of tenant. Since the petitioners-defendants allegedly started causing interference in their possession over the stall-shop in question, their predecessor-in-interest Shri Ishwar Dass, filed a suit for permanent prohibitory injunction, restraining the petitioners-defendants from causing any interference over the stall-shop in question.