RSA No. 2643 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 2643 of 2011 (O&M) Date of decision:- 01.12.2011 Ramesh Chand ....Appellant Vs. Ram Kishan ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Vivek Khatri, Advocate, for the appellant. A.N. JINDAL, J (ORAL) CM No. 7222-C of 2011 For the reasons mentioned in the application, same is allowed and delay of 4 days in filing the present appeal is condoned. RSA No.2643 of 2011 (O&M) This appeal is directed against the judgment dated 22.02.2011 passed by the District Judge, Rewari, dismissing the appeal preferred by the plaintiff-appellant against the judgment dated 28.01.2010 passed by the Civil Judge (Junior Division), Rewari, dismissing his suit for permanent injunction. Heard. No substantial question arises in this case. Faced with this situation, learned counsel for the appellant has submitted that actually the respondent is in possession of more area than what was allotted to him at the time of RSA No. 2643 of 2011 (O&M) 2 family partition dated 13.06.2006, but the same could not be brought on record, as such, he may be permitted to withdraw this appeal with permission to file a fresh suit on the same cause of action, on the basis of family partition. Dismissed as withdrawn with liberty aforesaid. (A.N.JINDAL) December 1, 2011 JUDGE ajp