// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5654/2008 Kajodmal Sharma S/o Shri Gyarsilal Sharma Versus Nanuram Jhajhara S/o Shri Nathuram Jhajhara and Another Date of Order ::: 30.06.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Pankaj Gupta, Counsel for petitioner Shri Amit Gupta, Advocate, for Shri B.L. Agarwal, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. Plaintiff-petitioner filed a suit for permanent injunction along-with an application for temporary injunction. The trial court as well as the appellate court, both, dismissed the application for temporary injunction filed by the plaintiff-petitioner on the ground that in the facts and circumstances of the present case the plaintiff should have filed a suit for specific performance and in that suit itself a prayer should have been made for injunction. During the course of arguments, the learned counsel for the petitioner made a prayer that the petitioner may be allowed to withdraw the writ petition with liberty to file an // 2 // application for amendment in the suit in the trial court and to file another application for injunction in case the amendment in the plaint is allowed by the trial court. The learned counsel for the respondents have no objection in allowing the petitioner to withdraw the writ petition with the aforesaid liberty. The writ petition is accordingly dismissed as withdrawn with the liberty to the petitioner, as prayed. (Narendra Kumar Jain) J. //Jaiman//