Kunji Ram vs Sanny Devi & Another

Ajay Mohan Goel, J

When this matter was taken up on 07.08.2020, this Court had passed the following order:​

“By way of this petition, petitioner has assailed the order passed by learned Lok Adalat, on 09.03.2019, which reads as under:​

“Case taken up today before National Lok Adalat. Learned counsel for the plaintiff has stated that parties have compromised the matter and

plaintiff does not want to pursue the present suit against the defendants. His separate statement to this effect recorded and placed on the file.

Considering the settled law that absolute withdrawal is unqualified right of the plaintiff, the present suit is dismissed as withdrawn. The file, after it due

completion, be consigned to the record-room”.

Having heard learned Counsel for the parties and having pursued the impugned order as well as other documents appended with the petition, as this

Court is satisfied that filing of the present petition is nothing but abuse of the process of law, the same deserves dismissal with heavy cost.

At this stage, learned Counsel for the petitioner submits that he may be granted some time to have instructions in the matter.

As prayed for, list on 18.08.2020”.

Today, learned Counsel for the petitioner at the very outset submits that he has instructions to withdraw this petition.

Though, this Court is convinced that filing of this petition is nothing, but an abuse of process of law and heavy cost should be imposed upon the

petitioner, however, considering the fairness which has been shown during the course of submissions by learned Counsel for the petitioner, this petition

is permitted to be withdrawn.

Present petition is dismissed as withdrawn. Pending miscellaneous applications, if any, stand dismissed. Interim order, if any, also stand vacated.