POTHU PRABHAVATHI Vs. GANDURI SHANKER

JUDGEMENT

(1.) Challenge in this Civil Revision Petition is to the order dated 23.12.2020 made in I.A.No.752 of 2020 in O.S.No.4 of 2020 on the file of the Court of the II Additional District Judge Nalgonda at Suryapet, wherein and whereby the trial Court dismissed the petition filed by the petitioner/plaintiff under Order XXIII Rules (1), (3) r/w Section 151 CPC to grant leave to the petitioner to withdraw the suit with liberty to institute fresh and comprehensive suit in respect of all properties liable for partition and other reliefs and against all the parties interested in the property for proper and effectual adjudication of the matter.

(2.) For the sake of convenience, parties to this revision petition will, hereinafter, be referred to as they were arrayed before the trial Court.

(3.) The facts of the case, in nutshell, are that the petitioner filed the suit against her brothers and sister in law for partition of suit schedule property. After filing of the present suit i.e. O.S.No.4 of 2020, she came to know that there are some other properties liable for partition and hence filed the I.A.No.752 of 2020 seeking to withdraw the present suit with permission to file a fresh suit. The respondents opposed the said application. The trial Court, after hearing both sides, dismissed the petition. Hence the present Civil Revision Petition.