CM No. 13578-C of 2011 & 1 RSA No. 4976 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No. 13578-C of 2011 & RSA No. 4976 of 2010 (O&M) Date of decision:- 19.12.2011 Mehanga ....Appellant Vs. Nazir Mohd. ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. V.S. Rana, Advocate, for the applicant-appellant. A.N. JINDAL, J (ORAL) CM No. 13578-C of 2011 For the reasons mentioned in the application, same is allowed and RSA No. 4976 of 2010 is restored to its original number. RSA No. 4976 of 2010 (O&M) This appeal is directed against the judgment dated 06.04.2010 passed by the Additional District Judge, Jalandhar, dismissing the appeal preferred by the plaintiff-appellant (herein referred as 'the plaintiff') against the judgment dated 13.11.2007 passed by the Additional Civil Judge (Senior Division), Phillaur, dismissing his suit for possession by way of partition by metes and bounds. CM No. 13578-C of 2011 & 2 RSA No. 4976 of 2010 (O&M) Apparently, there are three properties. The plea raised by the defendant-respondent (herein referred as 'the defendant') was with regard to the partial partition, whereas the suit was filed only qua one property. Learned counsel for the appellant-plaintiff wants to withdraw the suit with permission to file fresh one on the same cause of action, while including all the properties in the suit. In these circumstances, this appeal is accepted; the impugned judgments are set aside and the suit filed by the plaintiff is dismissed as withdrawn with liberty to file fresh one on the same cause of action, subject to payment of ` 1000/- as costs. (A.N.JINDAL) December 19, 2011 JUDGE ajp