IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 74of 2005 (M/S) 1. Smt. Raj Rani, Wife of Sri Ashok Kuma. 2. Ashok Kumar, S/o of Sri Hem Raj Resident of R.R. Quarters, Rudrapur, Tehsil Kichcha, District- Udham Singh Nagar. ……Petitioners. Versus 1. Rajendra Kumar Chabra, Son of Sri Hem Raj Chabra, Resident of Ramkort No. 6, Shyam Nagar, Tehsil Gadarpur, District Udham Singh Nagar. 2. Civil Judge, Junior Division II, District Udham Singh Nagar. ..Respondents. Sri Sudhir Kumar, learned counsel for the petitioners. Sri J.S.Virk, learned counsel for the respondent No.1. Sri R.C. Arya, learned Brief Holder for the respondent No.2. Date:- November 19, 2009 Hon’ble B.S. Verma J. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari for quashing the order dated 4-1-2005 passed by the Civil Judge (Junior Division II), District Udham Singh Nagar-respondent No.2 whereby the direction was given to the plaintiff-respondent No.1 to come in the witness box and further it was directed to respondent No. 1 to be cross-examine again by the defendants. Learned counsel for the respondent No.1/ plaintiff has informed to the Court that he has withdrawn the suit on 15-10-2009. In reply thereto, the learned counsel for the defendant/petitioners has contended that he had also filed a counter claim for obtaining the relief against the petitioners for permanent injunction. 2 Both the counsels have agreed to the proposition that the order may be set aside and liberty be given to the defendant/petitioners to file a separate suit for permanent injunction, if it is so required in future. With the above direction, the writ petition is dismissed. However, the order dated 04-01-2005 be set aside with liberty to the defendant/petitioners to file a separate suit for permanent injunction, if it is so required in future. (B.S. Verma, J.) 19.11.2009 MK