RAVINDRA KUMAR Vs. AVINASH

JUDGEMENT

(1.) This civil revision petition under Section 115 of the Code of Civil Procedure (in short the "Code") has been preferred by the petitioner-plaintiffs against the order dated 10.9.2008 whereby learned Additional Civil Judge (Jr. Div.) No.2, Jaipur City, Jaipur had declined to grant permission to the plaintiffs to withdraw the suit with liberty to file a fresh one.

(2.) The plaintiff-petitioners filed a suit on 29.3.2008 for permanent injunction against the defendants with a prayer to grant prohibitory injunction in respect of disputed land restraining the defendants to raise any construction thereupon, to stop running of spouts, channels in the eastern wall of the plaintiffs house, to demolish or damage terrace, projection or close windows, ventilators and gates existing in the eastern wall of the house of the plaintiffs.

(3.) The defendants filed the written statement wherein plea of non- maintainability of the suit without declaration and prayer of possession has also been taken.