ANIL KUMAR MAINI Vs. PANKAJ KUMAR

JUDGEMENT

(1.) The Respondent Pankaj Kumar filed a Suit for Permanent Prohibitory Injunction restraining the petitioner from interfering in the Suit land situated at Ward No. 13 Poonch. His prayer for issuance of ad-interim injunction during the pendency of the Suit was, however, declined by the Court finding him out of possession. The prima facie finding of the Court that the respondent was not in possession of the Suit property, was affirmed by the Appellate Court. The respondent thereafter sought permission to withdraw the Suit with liberty to file fresh Suit on the ground of omission of Khasra Number of the Suit property in the Plaint.

(2.) Allowing his request, the Trial Court permitted him to file fresh Suit.

(3.) Aggrieved by the permission allowed to the plaintiff/respondent to file fresh Suit, the petitioner/ defendant has invoked Revisional Jurisdiction of this Court seeking setting aside of the trial Court s order.