MANZOOR AHMAD WANI Vs. AYAZ AHMAD RAINA

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has challenged order dtd. 22/12/2023 passed by the learned Sub Judge, Vailoo (hereinafter referred to as "the trial court"), whereby application of respondent No.1 seeking withdrawal of the suit with permission to file fresh suit on the same cause of action in terms of Order 23 Rule 1 CPC, has been allowed. Challenge has also been thrown to subsequent suit filed by respondent No.1 against the petitioner and proforma respondent, which is stated to be pending before the trial court.

(2.) It appears that respondent No.1 (hereinafter referred to as "the plaintiff" filed a suit for permanent prohibitory injunction against the petitioner (hereinafter referred to as "the defendant") before the trial court for restraining him from making any interference with his peaceful possession of a patch of land comprised in Survey No.3063/1725 situated at Vailoo. It was pleaded by the plaintiff that in the year 2010, the defendant had provided him the suit land which is adjacent to the shops that have been taken on rent by the plaintiff. The suit land was provided to the plaintiff for the purpose of construction of service station for 9+washing vehicles. It was claimed by the plaintiff that initially the suit land was leased out by the defendant to him but later on he received sale consideration of Rs.50,000.00 from the plaintiff and agreed to transfer the ownership of the said land in his favour.

(3.) It was further pleaded that the plaintiff has incurred expenses of about Rs.15.00 lacs for construction and maintenance of suit property and he has been paying the electricity and water charges for running his car workshop from the suit land. It was alleged by the plaintiff that the defendant is trying to demolish the existing structure and is trying to interfere in his peaceful possession of the suit property by excavating the adjacent land to the detriment of the plaintiff.