MEHINDER SINGH SULLAR, J. - (1.) The contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioners-plaintiffs Parsin Kaur w/o Mehar Singh and others (for brevity "the plaintiffs"), have instituted the civil suit (Annexure P1), for a decree of mandatory injunction, directing respondents-defendants Harjinder Singh son of Joginder Singh and others (for short "the defendants"), to restore the connection of electric motor, bearing account No.AP-14/1743 at its original place in the land, bearing Khasra No.13//26, situated in the revenue estate of village Bholath Garbi, District Kapurthala. Defendant No.1 contested the suit, filed the written statement (Annexure P2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.
(2.) During the pendency of the suit, the plaintiffs have moved an application (Annexure P3) to withdraw, with permission to file a fresh suit on the same cause of action, only on the ground that the defendants have denied their ownership over the property in litigation. The contesting defendant No.1 refuted their prayer, filed his reply (Annexure P4), strongly denied all the allegations contained in the application and prayed for its dismissal.
(3.) Taking into consideration the facts and entire material on record, the trial Court dismissed the indicated application (Annexure P3) of the plaintiffs, by way of impugned order dated 17.1.2014 (Annexure P5).;