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Judgment
R.K. Merathia, J.
I.A. No. 1300 of 2010:
learned Counsel appearing for the petitioner seeks permission to withdraw this writ petition saying that since the lease has been renewed in favour of the petitioner by the Sail, this writ petition has become infructuous, and therefore, he may be permitted to withdraw it.
Mr. K.P. Deo, learned Counsel appearing for the intervener, Mr. Vishwatma Prakash Jaiswal (defendant 7) objected to withdrawal of the writ petition saying that the renewal has not been done in terms of the compromise petition and decree.
On this Mr. Sahni referred to paragraph 3 and 4 of the compromise petition which reads as follows:
Both the parties have decided that the properties left by their dead father, Mishrilal Jaiswal situated at Sector IV market complex, Talgoria More and Chas, Jodhadih More will be divided in two equal shares in favour of the plaintiff Sunder Prakash Jaiswal and defendant Vishatma Jaiswal and defendant Nos. 6 and 8 have got no any objection in the same.
The property situated at City Centre, Sector IV Market vide plot No. S-32 the eastern side of the allotted plot along with constructed building over 12-1/4 decimals (six hundred square yards) out of three hundred square yards will fall in the share of the plaintiff and he will fully authorised to give the said building on rent or possess himself as per own convenience and plaintiff will give the half collected rent to his mother and sister, defendant Nos. 6 and 8 for their livelihood till their death, and the western side of the plot No. S-32 will fall in the share of defendant - Vishwatma Jaiswal.
He further submitted that in terms of compromise and decree, renewal has been made in favour of the petitioner.
In the circumstances, I find no reason why the intervener should object withdrawal of the writ petition.
Accordingly, this writ petition is dismissed as withdrawn. I.A. No. 1300 of 2010 also stands disposed of.