S.V. Bhatt, J. - (1.) Heard Mr.Challa Srinivasa Reddy for revision petitioner and Ms.Nimmagada Revathi for respondents.
(2.) The plaintiff in O.S. No.434 of 2010 in the Court of II Additional Junior Civil Judge is the revision petitioner. The revision petitioner filed suit for perpetual injunction restraining the respondents herein from interfering with revision petitioners possession and enjoyment of plaint schedule property. The respondents filed written statement and are contesting the suit. The suit is posted for trial and the evidence on plaintiffs side is recorded. The revision petitioner filed I.A. No.793 of 2017 under Order XXIII Rule 1 Sub-Rule 3 of Civil Procedure Code (for short CPC) praying for withdrawing the suit with liberty to file a fresh suit. The affidavit filed along with I.A. No.793 of 2017 refers to an incident happened on 20th July,2010 i.e. defendants trying to interfere with the possession and enjoyment of revision petitioner and registration of Crime No.104 of 2010 in P.S. Choppadandi. The affidavit refers to respondents occupying the suit land in the year 2011. It is further averred with the changed circumstances, the revision petitioner is compelled to seek the comprehensive relief of declaration of title, together with recovery of possession of plaint schedule property. The plaint already filed needs amendment and the efforts of the revision petitioner for amendment were unsuccessful, hence, prefers to file separate suit for declaration of title and recovery of possession. Therefore, I.A.No.793 of 2017 was filed with a prayer to withdraw the suit by granting liberty to file fresh suit.
(3.) The respondents object to granting liberty to file fresh suit, and rely on dismissal of I.A. No.523 of 2017 filed by the revision petitioner under Order VI Rule 17 of CPC. The examination of witnesses is over, and no ground to grant permission to file a fresh suit is made out. The respondents state that the revision petitioner can be permitted to withdraw the suit but without leave to file fresh suit.;