SAI UMAMAHESWARA TRUST Vs. N. SURYANARAYANA MURTHY

JUDGEMENT

(1.) The petitioners herein had filed O.S. No. 20 of 2007 before the Principal District Judge, Vizianagaram against the respondents herein seeking recovery of possession of the plaint schedule property and for permanent injunction restraining the respondents from interfering with the affairs of the 1 petitioner-Trust. Thereafter, an application was filed for amending the plaint by way of I.A. No. 2233 of 2012, which was allowed on 7/3/2013. The petitioners again approached the trial Court by way of I.A. No. 1752 of 2014 for further amendment of the plaint. This application to amend the prayer in the plaint as well as certain pleadings in the plaint was dismissed on 4/12/2014. Aggrieved by the same, the petitioners had approached the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh by way of C.R.P. No. 1700 of 2015, which was also dismissed on 31/12/2018. The matter was then carried to the Hon'ble Supreme Court of India by way of Special Leave to Appeal (c) No. 7152 of 2019, which came to be dismissed on 25/3/2019.

(2.) After this, the petitioners again moved I.A. No. 590 of 2019 under the provisions of Order XXIII Rule 1(3) read with Sec. 151 C.P.C., for permission to withdraw the suit with liberty to file a fresh suit in the interest of justice. This application was dismissed on 25/9/2019. The trial Court took the view that the requirement of Order XXIII Rule 1(3) satisfying the grounds on which such permission is sought, had not been made out. Aggrieved by the said order of dismissal, the present revision petition has been filed by the petitioners.

(3.) Heard Sri. G.V.S. Kishore Kumar, learned counsel appearing for the petitioners; Sri. V.V. Ravi Prasad, learned counsel appearing for respondents 2 to 4, 8 and 10 and Sri. E.V.V.S. Ravi Kumar, learned counsel appearing for respondents 6 and 7.