FAYEEZ AHMED A. Vs. A.J. DEVELOPERS

JUDGEMENT

(1.) In this petition, the petitioner seeks a direction to the Additional City Civil Judge, Bengaluru, to dispose of I.A. No.X filed by the petitioner under Order XXIII, Rule 1 read with Sec. 151 of the Code of Civil Procedure, 1908, seeking withdrawal of the instant suit with liberty to file a fresh suit.

(2.) For the order proposed, notice to the respondents is dispensed with.

(3.) The material on record discloses that petitioner/plaintiff has instituted O.S. No.5544 of 2021 against the respondents/defendants for permanent injunction restraining the respondents/defendants and their agents/henchmen or anybody claiming under them from interfering with the peaceful possession and enjoyment of the suit schedule property. In the said suit, the petitioner filed I.A. No.X under Order XXIII, Rule 1 read with Sec. 151 of the Code of Civil Procedure, 1908, on 3/3/2022, seeking withdrawal of the instant suit with liberty to file a fresh suit.