CWP No.16575 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16575 of 2011 Date of decision: 06.09.2011 Sukhwinder Singh and another ....Petitioners Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.L. Chander Shekhar, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Learned counsel for the petitioners, while referring to Annexure P-7, has argued that earlier civil suit No.58/8.3.06 was filed in the Court of Civil Judge (Junior Division), Amritsar, seeking injunction against the private respondents contending that private respondents are adamant to dispossess the petitioners from the property in question unlawfully without adopting due process of law; suit was withdrawn on 19.4.2006 since learned counsel for the defendants (private respondents herein) had suffered a statement before the Civil Judge to the effect that petitioners shall not be dispossessed from the suit property and defendants are not intending to dispossess the plaintiffs. Learned counsel further contends that now private respondents with the help of respondent No.4 once again threatening to alienate the property in question, which is a trust property and once again giving threat to dispossess the petitioners from the property in question. Learned CWP No.16575 of 2011 -2- counsel for the petitioners has further rightly argued that petitioners have alternate remedy to file fresh suit for injunction before the Civil Court. He is right in saying that fresh suit shall be on the fresh cause of action and shall not be barred under Order 23 Rule 1(4) CPC. He is right in saying that withdrawal of suit on 19.4.2006 in view of the statement made by defendants shall not bar subsequent suit on the basis of new cause of action. Therefore, learned counsel for the petitioner seeks permission to withdraw this petition to avail alternate remedy of filing fresh suit; further contends that petitioner shall move ad interim injunction application therein, therefore, Civil Court be directed to decide the ad interim injunction application at the earliest. Dismissed as withdrawn with aforesaid liberty. If petitioners file civil suit for injunction along with application seeking ad interim injunction, such application shall be decided at its own merit at the earliest, in any case, within 60 days thereafter. (Alok Singh) Judge September 06, 2011 R.S.