Civil Revision No.4057 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4057 of 2010 Date of Decision: 2.7.2010 Kamlesh Kaur .....Petitioner Versus Karnail Sigh and others ......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri Sumeet Goel, Advocate, for the petitioner. HEMANT GUPTA, J (Oral). Challenge in the present petition is to the order dated 27.5.2010, whereby the plaintiff-respondent has been permitted to withdraw the suit for declaration on account of technical defect of not seeking consequential relief of possession. The plea of the defendant- petitioner is that he is in adverse possession. Learned counsel for the petitioner has vehemently argued that the suit was filed in the year 2002 and after 8 years, the plaintiff has sought withdrawal of the suit and when he has failed to lead evidence inspite of opportunities granted to the plaintiff. The present petitioner is stated to be in possession of the suit property. The delay in leading evidence or consequent withdrawal of the suit is at the peril of the plaintiff alone. None of the rights of Civil Revision No.4057 of 2010 [2] the defendant are affected with withdrawal of the suit, with liberty to file a fresh suit on the same cause of action. Consequently, I do not find any patent illegality or material irregularity in the impugned order, which may warrant interference by this Court in exercise of its revisional jurisdiction. Hence, the present petition is dismissed. [ HEMANT GUPTA ] JUDGE 2.7.2010 ds