SHANTABAI Vs. HUBBALLI-DHARWAD URBAN DEVELOPMENT

JUDGEMENT

(1.) An application under Order XXIII Rule 1(3) read with Sec. 151 of the Code of Civil Procedure is filed by the appellants seeking withdrawal of the suit with liberty to file a writ petition in respect of same subject matter and same cause of action.

(2.) Learned counsel for the respondent though has no objection in appellants withdrawing the suit but seriously objects for reserving liberty as sought for.

(3.) Heard.