C PRATAP REDDY Vs. C GOVERDHAN REDDY

JUDGEMENT

(1.) THIS Revision Petition is filed by the plaintiff in O. S. No. 7 of 1996 on the file of the Principal Junior Civil Judge, Sangareddy. The respondent is the defendant in the said suit.

(2.) THE plaintiff filed the said suit for perpetual injunction restraining the defendant from interfering with his possession of the property to an extent of Ac.4-18 guntas. The suit was decreed for an extent of Ac.4-02 guntas by granting permanent injunction against the defendant. The plaintiff, being aggrieved by the Judgment of the lower Court denying the relief to a particular portion of the land, preferred, A. S. No. 23 of 2001 on the file of I Additional District Judge, Medak at Sangareddy. During the pendency of the Appeal, he filed an application covered by I. A. No. 594 of 2006 under O.23, R.1(3) read with 151 of C. P. C. praying the appellate Court to permit him to withdraw the suit with a leave and permission to file a comprehensive suit as against respondent for recovery of possession of the land which is under the illegal occupation of the defendant. The lower Court, through the order, dated 24-7-2006 dismissed the application by observing that this is not a fit case to permit the petitioner to withdraw the suit with a leave and permission to file a comprehensive suit against the defendant for recovery of possession of land. The plaintiff, being aggrieved by the order of the appellate Court, preferred the present Revision challenging its validity and legality.

(3.) IN view of the circumstances, the point for consideration is :