Court No. - 39

Case :- MATTERS UNDER ARTICLE 227 No. - 4573 of 2019

Petitioner :- Amar Deep Shukla And Another

Respondent :- Satya Narayan

Counsel for Petitioner :- Rama Shanker Mishra

Counsel for Respondent :- Arun Kumar Gupta

Hon'ble Rajeev Misra,J.

Heard Mr. Rama Shanker Mishra, learned counsel for

petitioners and Mr. Akhtar Ali, Advocate, holding brief of Mr.

Arun Kumar Gupta, learned counsel for respondent.

This petition under Article 227 of the Constitution of India has

been filed challenging order dated 15.3.2019 passed by IXth

Additional District Judge, Shahjahanpur in Civil Revision No.

46 of 2017 (Satya Narain Vs. Amar Deep and another) arising

out of order dated 17.9.2017 passed by Trial Court, whereby

and whereunder application Paper No. 26 Ka filed by plaintiff

in Original Suit No. 193/12 seeking withdrwal of aforesaid

Original Suit was allowed but without liberty to institute a fresh

suit has been set aside and the matter has been remanded to

Trial Court for deciding application Paper No. 26 Ka, afresh.

Learned counsel for petitioners in challenge to the impugned

order dated 15.3.2019 primarily submits that in case withdrawal

application filed by plaintiff r