RAMBALLABH CHAPPARWAL Vs. NARBADA DEVI TAWANI

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the impugned order.

(2.) THIS writ petition has been filed against the order dated 16. 07. 2007 (Annexure-1) whereby the learned trial court has allowed the application filed under order 23 Rule 1 read with Section 151 C. P. C. permitting the plaintiff to withdraw the suit with liberty to file a fresh suit.

(3.) DURING the course of hearing, learned counsel for the respondent-plaintiff also produced before the court the plaint in the subsequent suit which has been filed after the withdrawal of the present suit vide the impugned order dated 16. 07. 2007. The present suit was filed with the prayer for a prohibitory injunction for restraining the defendant from interfering with the possession of the plaintiff, of course with the rider that in case the court comes to the conclusion that the plaintiff is not in the possession, the mandatory injunction may be granted directing the defendant to hand over the possession.