Rajasthan High Court - Jaipur
Pankaj Kumar Sharma vs The Civil Judge (J D )&Anr on 21 November, 2009
THE HIGH COURT OF JUDICATURE FOR RAJALSTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.12497/2009 Pankaj Kumar Sharma Vs. The Civil Judge (JD) & Judicial Magistrate,Pilani & Ors. DATE OF ORDER ::: NOVEMBER 21, 2009 P R E S E N T HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri Sunil Kumar Singodiya,for the petitioner
The learned counsel for the petitioner submits that in fact the suit filed by the plaintiff-respondent before the trial court was barred by law as no notice was served upon defendant-petitioner under Section 106 of the Transfer of Properties Act, therefore, he may be granted permission to withdraw the present writ petition with liberty to file another application under Order 7 Rule 11 CPC raising legal grounds with regard to provisions of the Transfer of Properties Act.
The prayer appears to be reasonable, hence allowed. The writ petition is accordingly dismissed as withdrawn with liberty as prayed for.
(Narendra Kumar Jain) J.
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