K. RAVINDRA KUMAR Vs. SURAJ BHAN

JUDGEMENT

(1.) THIS civil revision petition arises out of order dated 05.02.2013 in I.A. No. 842 of 2008 (amended as I.A. No. 842 of 2012) in O.S. No. 256 of 2008 on the file of the learned Additional Junior Civil Judge, Cyberabad, at Kukatpally.

(2.) THE petitioners filed the above -mentioned suit for perpetual injunction against one Suraj Bhan. Later, on the death of the said Suraj Bhan, respondents 2 to 6 were brought on record as his legal representatives. After the commencement of trial, the petitioners have filed the above -mentioned I.A. under Order XXIII Rule 1 read with Section 151 of C.P.C. for permission to withdraw the suit with liberty to file a suit for comprehensive relief's of declaration of title and recovery of possession of the suit schedule property. This application was firmly resisted by the respondents. By the order under revision, the lower Court has permitted the petitioners to withdraw the suit, without granting leave to them to file a fresh suit, by purportedly allowing the application filed by the petitioners in part.

(3.) MR . Keshav Hulsurkar, learned counsel for the petitioners, while stating that his clients do not intend to question the order of the lower Court to the extent of holding that they are not entitled to leave for filing a fresh suit, has, however, submitted that if the Court was not satisfied that such leave can be granted to the petitioners, in all fairness, it ought to have dismissed the application in toto instead of partly allowing the application, which had the result of dismissing the suit itself.