SOMARAJU CHINNAMMI Vs. SAMANTHU SIVAJI GANESH

JUDGEMENT

(1.) THIS Revision Petition is directed against the order dated 23. 6. 2008 in I. A. No. 304 of 2008 in O. S. No. 25 of 2007 on the file of the court of the IV-Addl. Junior Civil Judge, Kadapa.

(2.) THE revision petitioner is: the plaintiff who filed the suit tor permanent, injunction restraining the defendants/respondents herein from interfering with the suit schedule property. The defendants contested the suit and on the basis of the pleadings issues were settled. Both the parties let in evidence in support of their respective claims. However, after the closure of the evidence, at the instance of the plaintiff the trial was reopened for examining P. W. 4. At that stage, the plaintiff filed I. A. No. 304 of 2008 under Order 23 Rule 1 (3) of C. P. C. seeking permission to withdraw the suit with liberty to file a fresh suit in respect of the same subject matter on the ground that there was a formal defect in the suit and therefore he was advised by his counsel to file a fresh suit. The said application was opposed by the defendants/respondents herein and the court below by order dated 23. 6. 2008 dismissed the application. Challenging the said order dated 23. 6. 2008, the present Civil revision Petition is filed by the Plaintiff.

(3.) I have heard the learned counsel for both the parties and perused the material on record.