Abdul Khalif vs Abdul Ghani (2023/Rjjd/015358)
2023 Latest Caselaw 4714 Raj

[2023/RJJD/015358]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 106/2021

Abdul Khalif S/o Rahim Bux, Aged About 50 Years, Plot No. 173, Dr. Zakir Husain Colony, Panchvi Road, Near Idghah, Jodhpur

----Appellant Versus Abdul Ghani S/o Abdullah, Aged About 62 Years, Plot No. 173, Dr. Zakir Husain Colony, Panchvi Road, Near Idghah, Jodhpur

----Respondent

For Appellant(s) : Mr. Virendra Acharya Mr. Abdul Khalif (appellant present in person) For Respondent(s) : Mr. J.R. Patel, Sr. Advocate with Mr. Kuldeep Solanki

HON'BLE MS. JUSTICE REKHA BORANA

Order

16/05/2023

1. The present second appeal has been preferred against the

judgment and decree dated 02.02.2021 passed by the Additional

District Judge No.1, Jodhpur Metropolitan in Civil Appeal

No.3/2015 (NCV No.67/2015) whereby the judgment and decree

dated 30.07.2015 passed by the Additional Civil Judge No.1,

Jodhpur Metropolitan in Civil Original No.145/2010 vide which the

suit for permanent injunction as preferred by the plaintiff was

dismissed, has been affirmed.

2. Learned counsel for the appellant, at the outset, submitted

that the suit of the plaintiff was rejected basically on the ground

that simplicitor suit for injunction without a relief for possession

being prayed for was not maintainable. The said finding has been

affirmed by the first appellate Court. Learned counsel submitted

[2023/RJJD/015358] (2 of 2) [CSA-106/2021]

that during the pendency of the first appeal, a fresh suit for

possession has already been preferred by the plaintiff and the said

fact has even been taken note of by the first appellate Court. He

therefore, prays for withdrawal of the present appeal. However,

learned counsel prays that the withdrawal of the same may not

come in the way of second suit as preferred by the plaintiff.

3. Learned counsel for the respondent does not have any

objection if the appeal is withdrawn.

4. In view of the submissions made, the present appeal is

dismissed as withdrawn. However, it is made clear that the said

withdrawal would not prejudice the pending suit between the

parties.

5. All pending applications stand disposed of.

(REKHA BORANA),J 204-AbhishekS/-

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