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Judgment
Heard the parties
This miscellaneous appeal has been filed for setting aside the order dated 03.01.2018 passed in Title Suit No. 1714 of 2016 passed by learned Sub-Judge 7th Gopalganj, by which he has rejected the petition of plaintiff/appellant under Order 39 Rule 1 & 2 of C.P.C. for grant of injunction during pendency of suit.
Respondents has appeared and its is submitted on behalf of respondents that subsequent to dismissal of his injunction petition against which present miscellaneous appeal has been filed, plaintiff/appellant has filed another petition for grant of injunction under Order 39 Rule 1 & 2 which is under consideration before the trial court, as such, present petition has become infructuous. The said submission has not been denied by the counsel appearing for the appellant. Earlier injunction petition was rejected on the ground that there is no basis of apprehension on behalf of plaintiff/appellant as no sale deed was executed by defendant/respondents however, it has been submitted on behalf of counsel for the appellant that after passing of the order as impugned in this miscellaneous appeal respondents/defendants have executed sale deeds in favour of other persons who are strangers to the family as such he may be permitted to withdraw this appeal to pursue his subsequent petition before Trial court.
The present appeal is permitted to be withdrawn with liberty that plaintiff/appellant may peruse his 2nd injunction petition which will be considered by the trial court on its own merit without being prejudiced by dismissal of present miscellaneous appeal in accordance with law and materials available before the trial court
This miscellaneous appeal is disposed of.