O.23 r.1 of cpc.

adv.durgadas k.kulkarni (Querist) 13 December 2012 This query is : Resolved
Respected experts,
I want ur valuable advice on following facts of the suit.
Plaintiff filed suit for mandatory injunction seeking possession by removing encroached portion by defendant no.1 over his 20 Sq.Mtrs. land and 90 Sq.Mtrs. Govt. land which is adjacent to his land.
C.J.J.D. ordered T.I. in plaintiff's favour and restrained deft.No.1 to construction over suit land.
He also made Municipal Council as defendant No.2.The claim against deft.No.2 is that,deft.No.2 be directed to remove the encroached portion made by deft.no.1.
In March 2012 deft.no.2 held encroachment removal drive in our city.During the said drive deft.no. 2 removed encroachment made by deft.no.1 over the Govt.land to the extent of 90 Sq.Mtrs.
Plaintiff's mandatory injunction claim regarding to Govt.land has now fulfilled.
Issues has not been framed yet.
Now plaintiff wants to abandon a part of his claim u/o.23 R.1 of c.p.c. to the extent of 90 Sq.Mtrs. of Govt.land.
Will it better for plaintiff or not?
Is any way available to plaintiff to withdraw his part claim?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 13 December 2012
What is the need to delete the relief claimed against defendant no. 2 at this stage?

The plaintiff has to stick to the facts prevalent at the time of filing the sit which do establish your case perfect as relief sought. let the defendant no. 2 come and say that the desired relief against it has been provided to the plaintiff so its name be delted from the array of the defendants.