- (1.) THIS appeal is directed against an order dated 19th June, 2008 passed by the Hon'ble Interlocutory Judge, whereby his Lordship was pleased to dismiss the suit being E. O. S. No. 3 of 2006.
(2.) THE facts of the case briefly are as follows : on 13th March, 1968, an agreement for sale was registered in favour of the applellant/plaintiff by the owners of the land. The said land was vested into the State under the Estates Acquisition Act vide memo issued by the additional District Magistrate (L. R), 24-Parganas with effect from 22nd september, 1971 and the State of West Bengal granted a long term lease of 30 years in favour of the appellant/plaiintiff. A writ petition was filed challenging the said vesting order. On 24th September, 1992, the Hon'ble writ Court was pleased to set aside the said vesting order and allowed the writ petition filed by the owners.
(3.) ON 24th July, 1995, the appellant/plaintiff herein filed a suit being t. S. No. 127 of 1995 in the Court of the Learned 5th Additional District judge at Alipore against the owners for specific performance of the agreement dated 3rd March, 1968. On 4th September, 1995, the appellant/plaintiff herein filed a petition in the said T. S. No. 127 of 1995 for withdrawal of the said suit with a liberty to file afresh. The defendant/owners herein in the said suit filed an objection to the said petition for withdrawal wit liberty to file fresh suit.;