GUNTUKA SUDHARNANI Vs. GAJJI SURAIAH

JUDGEMENT

(1.) This revision is filed challenging the order dated 27/10/2016 in I.A.No.262 of 2016 in O.S.No.1697 of 2012 passed by the Principal Junior Civil Judge, Warangal whereunder an application filed seeking permission to withdraw the suit with liberty to institute a fresh suit was dismissed.

(2.) The petitioner is the plaintiff in O.S.No.1697 of 2012, which is filed seeking relief of permanent injunction in respect of agricultural land described in the plaint schedule. An application in I.A.No.262 of 2016 was filed by the petitioner/plaintiff under Order XXIII Rule 1(3)(b) of the Code of Civil Procedure, 1908 seeking permission of the Court to withdraw the suit with liberty to institute a fresh suit in respect of the subject matter of the suit.

(3.) In the affidavit filed in support of I.A.No.262 of 2016, the petitioner stated that she is the absolute owner and possessor of the plaint schedule property. Her husband passed away and she is one of the legal heirs along with her children. On a legal advice, she filed injunction simplicitor suit restraining the respondents from interfering with the plaint schedule property. The respondent/defendant No.1 filed a written statement in the suit alleging that they are in possession of Ac.8.09 guntas and the remaining Ac.0.13 guntas of the plaint schedule property is in possession of one Lakshmi Narayana and M. Rupa. It is alleged by the respondents that the husband of the petitioner/plaintiff has received sale consideration and executed simple sale deeds in favour of the defendants. In view of the defence of the respondents, the petitioner intended to file a comprehensive suit against the respondents/defendants as the simple suit for perpetual injunction is not maintainable and the same constitutes sufficient ground to permit the petitioner/plaintiff to institute fresh suit.