application made by the petitioner / plaintiff, the suit was restored to file and posted for trial. At that stage, the petitioner took out an application for withdrawal of the suit with liberty to file fresh suit on the same cause of action. His contention is that since the suit property were purchased by him, the petitioner is having absolute right over the suit property and therefore, it is not possible for the petitioner to proceed with the suit claiming the relief of permanent injunction alone. The said application was resisted on the side of the respondent stating that the suit was filed in the year 2012 and the alleged sale deed is dated 29.11.2012. Therefore, it would reveal that at the time of filing the suit, the plaintiff was not having any right over the suit property. The above petition has been filed after lapse of 11 years after filing the suit, hence, the same is not maintainable and liable to be dismissed. The Trial Court in its order, dated 13.12.2023 dismissed the said application by stating that the application has been belatedly filed and by giving liberty to the petitioner for amending the plaint and that, such an application to withdraw the suit would be to the detriment of the defendant's valuable defence in the above suit.
