WPMS No.

716 of 2014

Hon ble Alok Singh, J. Mr. Navneet Kaushik, Advocate for the petitioner. Learned counsel for the petitioner submits that defendants / respondents were ex parte before the Trial Court, however, suit filed by the plaintiff / petitioner herein being O.S. No. 117 of 2008 was dismissed on merit by observing that plaintiff / petitioner, herein, could not produce any documentary evidence to prove his title and possession over the property, in question. Feeling aggrieved, plaintiff / petitioner preferred appeal being Civil Appeal No. 06 of 2014 before District Judge wherein 1st ADJ, Roorkee, declined to pass ex parte ad interim injunction order. Feeling aggrieved, petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 21.02.2014 passed by Appellate Court declining to issue ex parte ad interim injunction order. On being asked, learned counsel for the petitioner fairly submits that respondents / defendants could not be served, as yet, in the pending Civil Appeal no. 06 of 2014. He further contends that after service on the respondents / defendants, learned Appellate Court must decide the appeal, at its own merit, within the shortest reasonable time without being influenced from the impugned judgment and interim order dated 21.02.2014. In view of the above, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file fresh seeking appropriate relief, if after service on the defendants, appeal is not heard within shortest reasonable time Permitted to be withdrawn with aforesaid liberty. CLMA No. 3137 of 2014 also stands disposed of. (Alok Singh, J.)
09.04.2014
SKS