- (1.) Instant revision petition has been filed against order dated 02.11.2004 passed in Civil Original Case No.12/2000 by Civil Judge (Jr. Dn.), Dungala (District Chittorgarh) whereby application filed by the plaintiff respondents under Order 23 Rule 1, C.P.C. was allowed and trial Court permitted the plaintiff respondents to withdraw the suit with permission to file fresh suit.
(2.) Learned counsel for the defendant-petitioners No.1 to 3 submits that the respondentplaintiffs filed suit for permanent injunction stating therein that their land over which they have ownership and possession exists in khasra No.280, 281 and 290; and, southern half of khasra No.281 was purchased by the father of the plaintiffs and northern half of khasra No.282 was purchased by the defendant Toli Ram. The plaintiffs' case is that in order to reach their land situated in khasra 280 and 281 they were using embankment on the westernmost part of khasra 282 and through this way the plaintiffs are taking their bullock-cart and agricultural implements. In the sale-deed also, it was mentioned that the way situated in khasra No.282 shall remain open and none of the parties shall close it.
(3.) The plaintiffs while narrating the above facts alleged that the defendants have closed the way situated in the western embankment of khasra No.282 and along with the said way they have closed the water dhora of north side of khasra No.281 also. In the suit, a prayer was made to re-open the way.;