INSTITUTE OF THE URSULINE Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) This application is filed by the petitioner under Order XXIII Rule 1 (3) of CPC. The petitioner has prayed for permitting it to withdraw its suit O.S.1/2012 on the file of the Wakf Board, Mysuru. If brief background is given, it is as follows : -

(2.) The petitioner is the plaintiff in the suit. It is an education institution at Hunsur. Its institutions are situated in the land bearing Sy. Nos. 23 and 24 measuring approximately 9 acres. This property is described in schedule 'A' to the plaint. There exists a road marked with letters 'QRDCQ' in the sketch providing access to the institution from the main road. The case of the petitioner is that since the year 1957, it has been making use of the said road without any hindrance. The defendants caused obstruction to making use of this road by erecting pillars and fixing a gate.

(3.) The Wakf Tribunal recorded the evidence of the witnesses and dismissed the suit. One of the reasons for dismissal of the suit was non-issuance of notice as required under section 89 of the Wakf Act. Challenging the order of dismissal of the suit, the petitioner preferred the revision petition in which the present application under consideration has been filed.