ADDEPALLI NAGA RAJU Vs. ADDEPALLI RAMA RATNAM

JUDGEMENT

(1.) Heard Sri K. V. Subrahmanya Narasu, learned Counsel for the petitioner and Sri A. Ramalingeswara Rao, Sri K. Someswara Kumar and Sri T.S. Anand, learned Counsel for the respondents and at their request the main revision petition itself is taken up for disposal.

(2.) The petitioner herein is the plaintiff in O.S. No.70 of 2003, on the file of the VII Additional District Judge (Fast Track Court), Visakhapatnam. He seeks to assail, by way of this revision under Article 227 of the Constitution of India, the order dismissing I.A.No.217 of 2005 purported to have been filed under Order 23 Rule 1(3) read with Section 151 C.P.C. seeking permission to withdraw the suit with liberty to file a fresh one.

(3.) Few facts necessary for disposal of this revision petition are that, in the suit, the plaintiff sought for partition of the suit schedule properties and the respondents filed their written statement, inter alia, stating various pleas, including a specific version that the plaintiff himself has relinquished all his interests, as per the Relinquishment Deed dated 23-5-1970, etcetera. That apart, the respondent also raised a plea as to the correctness of share as claimed by the plaintiff.