Full Judgment
Writ Petition No.9413/2013 20.06.2013 Shri G.S.Ahulwalia, learned counsel for the petitioner.
He is heard on the question of admission.
The petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 1.4.2013 passed by the Additional District Judge, Maihar, district Satna in Civil Miscellaneous Appeal No.11/13 affirming the order dated 8.2.2012, passed by Civil Judge, Class-II, Maihar, in Co.No.42-A/11 allowing application of respondent- plaintiff filed under Order 39, Rules 1 and 2 of CPC in part and restraining the petitioner to carry out further construction over the disputed land/plot.
In the couRs.of arguments on admission, in the available circumstances of the matter on making certain query from the counsel, on which instead to argue further he seeks permission to withdraw this petition with liberty to file an appropriate application before the trial court under Order 39, Rule 4 of the CPC or in some other proceeding permissible under the law to modify the interlocutory injunction granted by the trial court and affirmed by the appellate court with further prayer of appropriate direction to the respondent that on filing such an application on behalf of the petitioner, the same be considered on some early date within time bound schedule.
Considering the aforesaid prayer the petitioner is hereby dismissed as withdrawn and not pressed with liberty, aforesaid as prayed.
Pursuant to it, it is directed that under such liberty, if any application is filed on behalf of the petitioner before the trial court, the same be considered in accordance with procedure prescribed under the law within 30 days from the date of filing the same.
C c as per rules.
(U.C.Maheshwari) Judge bks