Final Order 10

Order Details: COPY OF ORDER
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5 Civ Suit 385/23
TILU @ MANGAT RAM Vs. SUKHBIR AND ORS
05.06.2025
Present: Sh. Yogesh, Ld. Counsel for plaintiff alongwith
plaintiff.
Sh. Prashant Chaudhary, Ld. Counsel for all
defendants.
Fresh vakalatnama filed on behalf of the plaintiff.
Taken on record.
No amendment application filed by plaintiff till date.
Pleadings are complete.
It is submitted on behalf of the parties that there is
no document for admission and denial.
On the basis of pleadings of the parties, following
issues are framed for adjudication:-
Issue No.1:Whether the plaintiff is entitled for a
decree of permanent injunction, as prayed for in
prayer clause (i)? OPP.
Issue No.2:Whether the plaintiff is entitled for a
decree of permanent injunction, as prayed for in
prayer clause (ii)? OPP.
Issue No.3:Whether the plaintiff has not approached
to court with clean hands? OPD 1, 2, and 3.
Issue No. 4:Whether there is no cause of action in
favour of plaintiff? OPD 1, 2 and 3.
Issue No.5:Whether the suit is barred under Section
34 of Specific Relief Act? OPD 1, 2 and 3.
Issue No.6:Relief?
No other issue arises or is pressed for.
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Issue No. 5 is treated as preliminary issue.
It is submitted by ld. counsel for defendant that he
has already advanced his arguments on 09.12.2024 and same
may be treated in verbatim for today also and he is also available
for any clarification if required by court.
Ld. counsel for plaintiff seeks very short pass over
to advance the argument on above issue.
At request for ld. counsel for plaintiff, matter is
passed over for 12:00 noon.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
05.06.2025
At 12:00 noon
Present: Sh. Yogesh, Ld. Counsel for plaintiff alongwith
plaintiff.
Sh. Prashant Chaudhary, Ld. Counsel for all
defendants.
It is submitted by ld. counsel for plaintiff that
plaintiff wishes to withdraw the present suit with liberty to file a
fresh suit with same cause of action.
Separate statement of plaintiff has been recorded to
this effect.
In view of submissions and statement given, the
present matter is disposed of as withdrawn with liberty to file a
fresh suit with same cause of action. Pending applications, if any,
are disposed of as withdrawn.
File be consigned to record room after completion of
due formalities.
(Ajay Kumar Malik)
JSCC/ASCJ/G. Judge(N/E)
05.06.2025
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