The court allowed the plaintiff-appellant to withdraw his suit for injunction against his brothers with liberty to file a fresh suit by impleading the Gram Panchayat as a party. The order clarified it did not decide on merits.
Suit permitted to be withdrawn with liberty to file a fresh one by impleading the Gram Panchayat.
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RSA No. 74 of 2005 (O&M)
Azad Singh V. Natha Singh etc.
Present: Mr.Sumeet Goel, Advocate for the appellant.
Mr.Harsh Garg, Advocate for Mr. Rakesh Gupta, Advocate for the respondents.
Notice of motion was issued in this case by the order dated
17.5.2005:-
“Delay condoned.
The appellant filed suit for injunction against his brothers Natha Singh, Baldev Singh and his father Ganda Singh. Ganda Singh died during pendency of the suit and his name was, therefore, deleted. Though both the courts below found that plaintiff was in possession, if was observed that since suit property was a thorough fare and belonged to Gram Panchayat, suit could not proceed in absence of Gram Panchayat being a party.
Learned counsel for the appellant submits that appellant was entitled to injunction against forcible dispossession by his brothers and that Panchayat had not taken any proceedings against the appellant. In absence of Gram Panchayat being a party, contention raised on behalf of the appellant could not be gone into, especially when the courts below have observed that the property was a thorough fare which has been encroached upon.
Learned counsel for the appellant states that the suit may be allowed to be withdrawn with liberty to file a fresh one by impleading the Gram Panchayat as a party.
Notice of motion for 18.10.2005. Dasti also.”
Learned counsel for the respondents has no objection if the
prayer of the appellant is allowed.
RSA No. 74 of 2005 (O&M)
-2-
In the circumstances the suit of the plaintiff-appellant is permitted to be withdrawn with liberty to file a fresh one on the same cause of action by impleading the Gram Panchayat as a party. It is, however, made clear that this is an agreed order and can in no way be construed as an expression on the merits or even on the maintainability or otherwise of such suit for no other reason.
(AJAY TEWARI) JUDGE
November 03, 2008 sunita
1 issue framed by the court
Whether the suit for injunction can be withdrawn with liberty to file a fresh one after deleting the deceased party and impleading the Gram Panchayat.
Azad Singh
Natha Singh
Baldev Singh
Ganda Singh
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
