The High Court allowed the plaintiff-respondent to withdraw the main suit. Consequently, the pending defendant's appeal against the decree was held to be infructuous and was dismissed.
Permission granted to plaintiff-respondent to withdraw the suit; appeal dismissed as infructuous.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M.No.1974-C of 2012 in/and RSA No.4472 of 2005 Date of decision:10.07.2013
Smt. Balan & others
....Appellants
Versus
Dhandbir Singh Lochab
....Respondent-Applicant
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:- Mr. Ravi Sharma, Advocate for the appellant/ non-applicant(s).
Mr. Ramesh Hooda, Advocate for the applicant-respondent.
RAKESH KUMAR GARG, J (ORAL)
C.M.No.1974-C of 2012
The appeal is pending for regular hearing and the present application has been filed by the plaintiff-respondent to give the permission to the applicant-respondent to sell the suit land. With the consent of the counsel for the parties, the main appeal is taken on board today.
Main appeal
This is defendant's appeal against the judgment and decree of the lower Appellate Court, whereby the suit of the plaintiffrespondent has been decreed restraining the defendant-appellants from interfering in the dispute area measuring 8-1/3 Marlas which is under his exclusive possession subject to partition of the joint property.
C.M.No.1974-C of 2012 in/and RSA No.4472 of 2005
-2-
Counsel for the plaintiff-respondent states that it is his suit which has been decreed. However, he does not wish to continue with the litigation and thus, he be allowed to withdraw the suit itself out of which this appeal has arisen and the same be dismissed as withdrawn.
Possibly the appellant cannot oppose the prayer made by the plaintiff-respondent.
In view thereof, the suit of the plaintiff-respondent is ordered to be withdrawn.
Resultantly, the present appeal has become infructuous.
(RAKESH KUMAR GARG) JUDGE
July 10, 2013 savita
1 issue framed by the court
Whether the plaintiff-respondent should be permitted to withdraw the suit resulting in the appeal being dismissed as infructuous.
Smt. Balan & others
Dhandbir Singh Lochab
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
