1 S.B.CIVIL WRIT PETITION NO.6017/2007. Ramballabh Chapparwal & Anr. VS Narbada Devi Tawani & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.6017/2007. Ramballabh Chapparwal and Another. VERSUS Narbada Devi Tawani and Others. 12.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.K.Agarwal ] Mr.Deepak Saraswat] for the petitioners. Mr.M.M.Ranjan, for the respondents. ***** Heard learned counsel for the parties and perused the impugned order. This writ petition has been filed against the order dated 16.07.2007 (Annexure-1) whereby the learned trial court has allowed the application filed under Order 23 Rule 1 read with Section 151 C.P.C. permitting the plaintiff to withdraw the suit with liberty to file a fresh suit. During the course of hearing, learned counsel for the respondent-plaintiff also produced before the court the plaint in the subsequent suit which has been filed after the withdrawal of the present suit vide the impugned order dated 16.07.2007. The present suit was filed with the prayer for a prohibitory injunction for restraining the defendant from interfering with the possession of the plaintiff, of course with the rider that in case the court comes to the conclusion that the 2 S.B.CIVIL WRIT PETITION NO.6017/2007. Ramballabh Chapparwal & Anr. VS Narbada Devi Tawani & Ors. plaintiff is not in the possession, the mandatory injunction may be granted directing the defendant to hand over the possession. Admittedly, specific prayer as required by law seeking declaration and possession was not made in the suit and the suit was plain and simple one for permanent injunction. On the objection being taken by the defendant with regard to the possession being of the defendant, the plaintiff filed an application seeking leave to withdraw the present suit with liberty to file fresh suit. In view of the facts stated above where the plaintiff withdrew the suit realizing the lacuna in the relief claimed under the facts and circumstances which came on record, the plaintiff has sought leave of the court to withdraw the suit with liberty to file a fresh suit. In the facts and circumstances, the learned trial court by the impugned order has taken into consideration the fact that the present suit is merely one for permanent injunction and the relief of possession could not have been awarded, therefore, the learned trial court allowed the plaintiff to withdraw the suit with liberty to file a fresh suit. In any event, the plaintiff could have also amended the plaint after the filing of written statement to incorporate the necessary prayers. The plaintiff has 3 S.B.CIVIL WRIT PETITION NO.6017/2007. Ramballabh Chapparwal & Anr. VS Narbada Devi Tawani & Ors. chosen the other alternative of seeking withdrawal of the suit to file a fresh suit which has been allowed by the learned trial court. This court in the writ jurisdiction, in the facts and circumstances of the present case, does not find any jurisdictional error having committed by the learned trial court. Consequently, the writ petition as well as the application No.12927 dated 02.04.2008 stand dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.