THAKUR BALARAM SINGH Vs. K ACHUTA RAO

JUDGEMENT

(1.) The plaintiff who is the appellant in the above second appeal has filed this petition C.M.P. 5380/1977 for peimission to withdraw the suit O.S.No. 705/1971 on the file of the court of the 4th Assistant Judge, City Civil Court, Hyderabad, which is the subject matter of the above second Appeal with liberty to pursue the other suit viz., O S. No. 360/1976, on the file of the 6th Assistant Judge, City Civil Court, Hyderabad. The petition is purported to be filed under Order 23, Rule I read with Section 151 C.P.C.

(2.) The petitioner (Plaintiff) filed the suit O.S. No. 705/71 on the file of the Court of the 4th Assistant Judge, City Civil Court, Hyderabad, for a permanent injunction restraining the defendants, their agents and servants from interfering with his peaceful possession and enjoyment of the suit schedule land admeasuring 1483 square yards equivalent to 1245-72 square metres insurvery No.6 situated at Mellapalli, Humayaonagar, Hyderabad. The plaintiff set up title to the said land and also claimed to be in possession of the same on the date of filing of the suit but filed the suit only for a perpetual injunction.

(3.) The defendants on the other hand set up a plea that the suit property belongs to the Deity Sri Venkateswara Swami varu situate in Humayunnagar, Hyderabad and denied the title and possession of the plaintiff.