CR No. 34 of 2009 8.7.2009 Present: Mr. Deepak Kaushal, counsel for the petitioner. Ms. Jyotsna Rewal Dua, counsel for respondents. The petitioner, as plaintiff, filed Civil Suit No. 171/1 of 2005 before the Civil Judge (Senior Division) at Nahan, H.P. for specific performance of agreement dated 1.7.1993 pertaining to sale of suit property, alleged to have been executed in his favour by late Shri Vijender Singh. In the said suit, he also filed an application under order 39 Rules 1 and 2 CPC which was dismissed by the trial Court in terms of order dated 17th of January, 2008. Plaintiff assailed the same before the District Judge, Sirmour District at Nahan and his appeal No. 01- CMA/14 of 2004, titled as Anil Kumar Mohil vs. Vivek thakur and others was dismissed on 15th of December, 2008. Consequently as of now, there is no order in favour of the plaintiff. It is stated at the bar that subsequent to the dismissal of the aforesaid application, plaintiff filed an application for amendment of the civil suit itself, claiming Vijender Singh’s ownership in the suit property by inheritance. The said application is pending consideration before the trial Court. CR No. 34 of 2009 In view of the subsequent developments, Mr. Kaushal, under the instructions from his client, withdraws the present petition with liberty to file afresh application, if his application for amendment is allowed by the court below. Liberty granted. It shall be open for the parties to raise all legal pleas. The petition is dismissed as not pressed. (Sanjay Karol), 8th July, 2009 Judge. (vs)