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Judgment
Ravi Malimath
Defendants 2 to 5 filed an application u/s 151 of CPC, which reads as fellows:
For the reasons stated in the accompanyin.q affidavit; the defendants 2 to 4 herein pray that this Hon''ble Court be pleased to dismiss the aforesaid suit on the ground that in the suit filed by the plaintiff in O.S. No. 16516/2004 has specifically pleaded in Para 19 of his plaint that the plaintiff Rs. is withdrawing this suit O.S. No. 15702/2004 filed by him after having filed the suit bearing O.S. No. 16516/2004 seeking a declaratory relief that he is a sub-tenant in the suit schedule property and that he is entitled to continue in the suit schedule property till March 2020 and for a consequential relief for permanent injunction restraining the defendants from interfering with hi z peaceful. possession and enjoyment of the suit schedule property in the interest of justice and equity.
The Trial Court while considering the same dismissed the :laid application..
Learned counsel for the petitioner contends that the plaintiff in O.S. No. 16516/2004 seeking a declaratory relief in respect of the suit schedule property has subsequently contended that after filing of that suit intends to withdraw the earlier suit in O.S. 15702/2004 filed by him.
Therefore, having made the specific pleading, he is required to follow the same. He has failed to withdraw the said suit. I''am unable to accept the contentions advanced. When a party makes a submission before the Court or contends that he will perform a particular act and the said act is riot performed. There is an appropriate remedy available to enforce the same. Enforcement of an undertaking cannot be done in the present form which is sought for by the defendants. To seek the Court''s intervention to dismiss the said suit, purely based on the undertaking given by the plaintiff which beyond the purview of this Court. The acts of the defendant being non-compliance of his own statement cannot be agitated in the impugned application. For the aforesaid reasons, I do not find any error committed by the Trial Court in rejecting the application. Hence, the petition is dismissed.