KAPOORI BAI Vs. NEELESH

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed against the order dtd. 1/9/2022 passed by Civil Judge Junior Division, Lateri, District Vidisha in R.C.S. No.23-A/2021, whereby an application under Order 23 Rule 1 of CPC filed on behalf of the present petitioners for withdrawal of the plaint was dismissed.

(2.) Brief facts of the case are that the predecessor-in-title of the present petitioners and other plaintiffs have filed a civil suit for declaration of title and permanent injunction in respect of the Suit Property bearing Survey No.396 admeasuring 1.148 hectare against the respondents no.1 to 6/defendants. During the pendency of the suit, plaintiff no.7 Geeta Bai had expired on 5/6/2002 and learned Trial Court allowed the application under Order 22 Rule 3 as a legal representative of the deceased-plaintiff no.7 was already on record. The present petitioner/plaintiff no.1 to 3 and 5 and 8 to 10 moved an application under Order 23 Rule 1 of CPC, likewise petitioner/plaintiff no.4 also moved a similar application on 17/8/2022 before the learned Trial Court seeking permission to withdraw the plaint on the ground of plaintiff no.6 Rekha Bai had obtained their signatures without their consent and knowledge and thus the plaintiff no.1 to 5 and 7 to 10 are not willing to contest the suit against the defendants and thus, prayed for withdrawal of the suit.

(3.) The present respondents no.1 to 6/defendants did not filed any reply to the application, however, respondent no.7/plaintiff no.6 filed objections and prayed for dismissal of the said application. The learned Trial Court vide impugned order dtd. 1/9/2022 dismissed the application filed by the petitioner. Being aggrieved by the aforesaid the present petition has been preferred.