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J. J. MUNIR
Jeera Devi – Appellant
Versus
Additional District Judge, Court No. 12, Varanasi – Respondent
| Table of Content |
|---|
| 1. petition under article 227 with factual background. (Para 1 , 2) |
| 2. chronology of legal actions in the suit. (Para 3 , 4 , 5 , 6 , 7) |
| 3. main legal questions presented by the petitioners. (Para 10 , 11 , 12 , 13) |
| 4. discussion on withdrawal applications and rights of parties. (Para 14 , 16 , 17 , 18) |
| 5. final conclusions and directions from the court. (Para 19 , 21 , 22) |
JUDGMENT :
This is a petition under Article 227 of the Constitution of India preferred by Smt. Jeera Devi and Ghanshyam Patel, third parties to Original Suit No. 154 of 1999, Munnan Devi v. Smt. Amrawati Devi , who have been denied leave to continue the suit on the basis of assignment pendente lite and further, are faced with an order permitting withdrawal of the suit by the plaintiff. This order turning tables for the petitioners has been passed in an appeal by the Additional District Judge, Court No. 12, Varanasi, reversing the Trial Court, which had granted leave to the petitioners to continue the suit and declined permission to the plaintiff to withdraw it.
2. The facts giving rise to this petition, in necessary detail, are these :
Plot No. 40 admeasuring 0.243 hectare and Plot No. 156 admeasuring 0
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