IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 481 of 2010 (M/S) Krishan Singh ………..Petitioner Versus Smt. Saharbano …….Respondent Shri Sudhir Kumar, Advocate with Shri Anant Kumar, learned counsel for the petitioner. Shri Parikshit Saini, Advocate with Shri Shakeb Khan, learned counsel for the respondent. Dated: 19 May, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 25.03.2010 passed by Civil Judge (Sr. Div.) Nainital in Civil Suit no.137/2009, ‘Saharbano Vs. K.S. Rautela’. Brief facts, as narrated in the writ petition, are that the petitioner is the owner and is in peaceful possession of the property situated at the Mount Rose Compound Tallital, Nainital. It is stated that the petitioner being the owner is in sole possession of land in question and has not executed any sale deed or any other document giving up the right of ownership of the land, as such the petitioner continues till date in ownership/legal possession/occupation and use of the property. The plaintiff/respondent Saharbano instituted a Civil Suit before the learned Civil Judge (Sr. Div.) Nainital bearing no.137/2009. Along with the plaint the respondent/plaintiff also filed an interim 2 injunction application on which the Court below on 16.12.2009 issued notice to the defendant/petitioner and passed an ex-parte order restraining the defendant/petitioner not to interfere in the possession of the plaintiff till 23.12.2009. On 23.12.2009 when the case was called out, the plaintiff/respondent was present in person along with her advocate and filed an application-paper no.19 (ka) for withdrawal of the suit. It is stated that there was no occasion left to further adjudicate the suit. Thereafter, an application no.30 (c) was filed by the plaintiff/respondent on 25.03.2010 for extension of interim order which was allowed by the Trial Court. Aggrieved with the order, the petitioner has filed present writ petition. During the course of arguments learned counsel for the respondent stated at bar that the writ petition may be allowed and the order dated 25.03.2010 passed by learned Civil Judge (Sr. Div.), Nainital in Civil Suit No.137 of 2009 “Saharbano Vs. K.S. Rautela” be quashed. In view of the statement of learned counsel for the respondent, the order dated 25.03.2010 passed by learned Civil Judge (Sr. Div.), Nainital in Civil Suit No.137 of 2009 “Saharbano Vs. K.S. Rautela” is hereby quashed. Learned counsel for the parties also requested that Trial Court be directed to consider the application for withdrawal of the suit and the application for withdrawing of withdrawal application first and after recording due evidence, the subsequent application, if any, requiring adjudication be decided thereafter in accordance of law. Since both the parties agree and requested for the same, the learned Trial Court is directed to consider and decide the application for withdrawal of the suit and the application for withdrawing of withdrawal application first. Other applications, if any, shall be decided thereafter in accordance with law. The Trial Court is also directed to decide Civil Suit No.137/2009 “Saharbano Vs. Kishan Singh & another” expeditiously. The writ petition stands allowed. (V.K. Bist, J.) Arpan 19.05.2010