- (1.) AGGRIEVED by the order dated 28.9.2013 passed by the Civil Judge (Jr. Div.), Sawai Madhopur whereby the learned Magistrate has permitted the respondent -plaintiff No.2, Ashok Kumar Sharma, to withdraw his suit and has granted him a permission to file a fresh suit, the defendant - petitioner has approached this court.
(2.) THE brief facts of the case are that on 2.7.2002, the respondent -plaintiff had filed a suit for permanent injunction against the petitioner. In the plaint, he had claimed that he was allotted Plot No.4 -H, Rajnagar Colony by Hamveer Grah Nirman Sahakari Samiti. He further claimed that after having deposited the requisite fee, he was granted possession of the said plot, measuring 25' x 49'. He further alleged that he had constructed a boundary wall and was in possession thereof since July, 2002. However, subsequently it was discovered that the petitioner had started construction on the said plot. Therefore, he filed a suit for permanent injunction. On the other hand, the petitioner filed his written statement and denied the averments made in the plaint.
(3.) THE petitioner claimed that the plot in dispute is actually Plot No.H -3 which was also allotted to him by the said Sahakari Samiti as far back as on 6.8.1991. He further claimed that ever since then, he is in possession of the said plot. He further alleged that since the scheme was regularized by the Municipal Board, the Board issued a lease deed on 30.1.2002, which was registered on 8.2.2002 in his favour. On 17.4.2002 the Municipal Board also granted him permission for raising construction. According to him, he has raised construction after investing Rs.5 Lacs. Furthermore, although the respondent -plaintiff had filed an application for temporary injunction, but by order dated 5.7.2002 the learned trial court dismissed the said application. The respondent -plaintiff filed an appeal. However, by order dated 25.2.2008, the learned appellate court dismissed the appeal and upheld the order dated 5.7.2002.;