Z.A.Haq, J. - (1.) Heard.
(2.) Rule. Rule made returnable forthwith.
(3.) The petitioner had filed Regular Civil Suit No.76/2015 against the respondents (defendants) praying for decree for permanent injunction restraining them from undertaking any construction over the suit land and for decree for mandatory injunction directing defendants to dismantle construction already undertaken. On 17th January 2017, the petitioner had filed an application (Exh.31) seeking permission to withdraw the civil suit with liberty to file fresh civil suit. The petitioner had stated in this application that there was mistake in the plaint in referring the description of the suit field, and therefore the petitioner (plaintiff) wanted to withdraw the civil suit and file fresh civil suit after removing those defects and error in pleadings. By the order dated 17th March 2017, the learned trial Judge rejected the application (Exh.31) filed by the plaintiff. However, on 17th January 2017 itself, the petitioner had filed fresh civil suit for the same relief. Now by this petition, the petitioner has challenged the order passed by the trial Court on 17th March 2017 by which the application (Exh. 31) is rejected.;