HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 24695 of 2011 Petitioner :- Nand Kishore Respondent :- Sri Bhuvneshwar Mahadev Ji Maharaj Trust (Mandir) & Others Petitioner Counsel :- Kailash Nath Kesharwani Hon'ble Rajes Kumar,J.
The petitioner is defendant in the suit. The plaintiff filed a suit for permanent injunction and also claiming relief for the ejectment of the defendant. During the pendency of the suit, an application was moved by the plaintiff to withdraw one of the reliefs. The court has permitted the plaintiff to withdraw the relief. Thereafter the plaintiff again moved an application for the amendment in the plaint including claiming the same relief. The said application has been rejected by the trial court and the revision against the said order has been allowed by the impugned order.
Learned counsel for the petitioner submitted that once the relief has been withdrawn by the plaintiff and the matter has been finally settled by the revisional court, the respondent cannot pray for the addition of same relief. The order of the revisional court is patently illegal.
The matter requires consideration.
Issue notice to respondent no. 1 returnable at an early date. The petitioner may take steps to serve the respondent no. 1 within one week.
List in the week commencing 4.7.2011.
Till the next date of listing, the operation of the order dated 28.1.2011 passed in Revision no. 70 of 2010, Sri Bhuvneshwar Mahadev Ji Maharaj Trust (Temple) at Mauja Lachhwai Pargana Saifai, District Etawah Vs. Ram Bahadur and others, shall remain stayed. It is made clear that the Court has not stayed the proceedings of the suit and it is open to the trial court to proceed with the suit in accordance to law.
Order Date :- 28.4.2011 OP