SONUBAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is directed against the impugned order dtd. 20/11/2019 passed on I.A. No. 12 in O.S. No. 57/2012 by the learned Prl. Civil Judge and JMFC, Mudhol whereby the said application filed by the petitioner under Order XXIII Rule 1(3) CPC for withdrawal of the suit with liberty to file fresh suit was partly allowed by the trial Court permitting withdrawal of the suit but rejected the prayer for liberty to file a fresh suit on the same cause of action.

(2.) I have heard learned counsel for the petitioner and respondent No. 1 and perused the material on record. Notice to be issued to the respondents No.2 and 3 is dispensed with.

(3.) The material on record indicate that the petitioner herein filed the aforesaid suit for declaration, injunction and other reliefs in respect of the suit schedule immovable property. The said suit is being contested by the respondents-defendants. Subsequently after noticing several formal defects that were present in the plaint as detailed in the affidavit in support of I.A. No. 12 by the petitioner, he filed the instant application seeking permission to withdraw the suit by reserving liberty in favour of the petitioner to file a fresh suit.