TELUGU CHINNA THIRUPATHAIAH Vs. BOYA NADIPI

JUDGEMENT

(1.) This civil revision petition is filed against order, dated 6.9.2011, in IA No. 838 of 2011 in OS No. 685 of 2008, on the file of the learned Junior Civil Judge, Kurnool. The petitioner filed the suit for mandatory injunction directing the respondent to remove the door and two windows erected by the latter in AF marked wall in the plaint plan. After completion of the evidence of PWs. 1 to 4 and when the case was coming up for further evidence, the petitioner filed IA No. 838 of 2011 under Order XXIII Rule 1 CPC seeking permission to withdraw the suit with liberty to file a fresh suit. This application having been dismissed by the lower Court, the petitioner filed the present civil revision petition.

(2.) I have heard Sri J. Janaki Rami Reddy, learned Counsel for the petitioner, and Sri G. Sravan Kumar, learned Counsel for the respondent.

(3.) In his affidavit filed in support of the application for permission to withdraw the suit, the petitioner has stated that the respondent has highhandedly erected a door and two windows in AF wall when the petitioner was not in station; that in his plaint, the petitioner pleaded that ABFE wall adjoining his ABCD house is in possession of his predecessors and later himself for a long time and that recently, the Tahsildar, Orvakal assigned this disputed land to the extent of half a cent. The petitioner has therefore pleaded that as he wants to file a suit for declaration of title based on the said assignment, he wants to withdraw the present suit with liberty to file a fresh suit.