Final Order 1

Order Details: Order below exhibit
Pdf Text: 01/12/2021
Commercial
Suit – 570/21
Exh.3
CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL
COURT (C. R. NO. 14)
Adv. Dipika Phull for plaintiff present.
Exh.3 Plaintiff filed application for withdrawal of suit.
O. Plaintiff present. He is identified by his advocate.
Contents in the application are verified, read and
recorded. It is submitted in the application that
defendants do not have clear title of the suit property.
Therefore, plaintiff’s claim for specific performance of
agreement becomes infructuous. Plaintiff wants to file
fresh suit on the basis of plea of adverse possession. He
prayed for permission to withdraw the suit with liberty to
institute a fresh suit in respect of the subject matter.
As per averments in the application, plaintiff would not
be able to succeed in the claim and therefore, plaintiff
wants to file suit by taking plea of adverse possession.
Matter is pending for appearance of defendants.
Considering the averments made in the application,
plaintiff is permitted to withdraw the suit with liberty to
institute a fresh suit in respect of the subject matter of the
suit. No order as to costs. Court fees be refunded as per
Rules. Proceedings be closed.
Judge
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