G MANJULA Vs. VANGALA MALLAIAH

JUDGEMENT

(1.) The Revision Petitioner is the Plaintiff in O.S. No. 1537 of 2001 on the file of the Court of the II-Addl. Junior Civil Judge, Rangareddy District. The suit was initially filed against the Respondents 1 and 2 herein seeking declaration of title in respect of the plaint schedule property and recovery of possession.

(2.) The Respondents 3 to 5 herein were subsequently brought on record as the Defendants 3 to 5 by order dated 12.10.2006 as the legal representatives of the deceased Defendant No. 1 Similarly, the Respondent No. 6 herein /Defendant No. 6 was impleaded to the suit by order dated 30.09.2010 in I.A. No. 1666 of 2009.

(3.) While the suit was coming up for arguments, the revision Petitioner/Plaintiff filed I.A. No. 428 of 2010 under Order 23 Rule 1 of Code of Civil Procedure seeking permission to withdraw the suit with liberty to file a fresh suit against the legal heirs of the Defendant No. 1. The said application was opposed by the Respondents/Defendants and the Court below after hearing both parties dismissed the same by order dated 29.04.2011. Aggrieved by the said order, the present Civil Revision Petition is filed by the Plaintiff.