SARBATI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS intra court appeal is directed against order dated 2.4.12 of the learned Single Judge of this court, whereby a writ petition preferred by the appellants questioning the legality of order dated 26.10.98 of the Board of Revenue dismissing the revision petition preferred by the appellants against the order dated 12.2.96 of the Assistant Collector, Bhadra permitting the respondent no.3 herein to withdraw the suit with liberty to file fresh in terms of provisions of Order XXIII Rule 1(3) CPC, stands dismissed.

(2.) THE respondent no.3 preferred a suit for declaration and permanent injunction against the appellants herein. THE suit was being contested by the appellants by filing a written statement thereto. During the pendency of the suit, the appellants preferred an application under Order XXIII Rule 3 (a) & (b) (sic Rule 1(3)) read with Section 151 CPC seeking permission to withdraw the suit with liberty to institute a fresh suit. THE application was contested by the appellants herein by filing a reply thereto. After due consideration, the application was allowed by the Assistant Collector vide order dated 26.10.98. THE validity of the said order was assailed by the appellants herein by way of a revision petition before the Board of Revenue, which was also dismissed vide order dated 17.10.11. Aggrieved thereby, the writ petition preferred stands dismissed by the learned Single Judge by the order impugned. Hence, this appeal.