SHASHIKANTH Vs. P. JANGAIAH

JUDGEMENT

(1.) This revision petition is filed against the orders in I.A.No.1358 of 2012 in O.S.No.2031 of 2006, dtd. 30/1/2013 on the file of I Additional Senior Civil Judge, Ranga Reddy District.

(2.) Heard learned counsel for revision petitioners and perused the record. None appeared for respondent.

(3.) The revision petitioners are the defendants/respondents in I.A.No.1358 of 2012. Initially, the plaintiff filed a suit for declaration of title and recovery of possession with consequential relief for perpetual injunction in respect to the lands admeasuring Ac.1-06 gts., and Ac.0-18 gts., in Sy.Nos.476 and 478, totally admeasuring Ac.1-24 gts. The interlocutory application was filed by the plaintiff seeking permission to withdraw the suit with a leave of the Court to file a fresh suit against the same respondents/defendants in respect to the same suit schedule property and the said I.A. was allowed. Being aggrieved by the said orders, the revision petitioners have filed this revision contending that the lower Court ought not to have allowed the I.A. as the nature of the suit itself will be changed and the plaintiff cannot claim reliefs contradicting with each other in the former suit and the latter suit. It is also contended by the counsel for the revision petitioners that the plaintiff has filed an I.A. to amend the pleadings in O.S.No.2031 of 2006 which was dismissed by the trial Court and in order to cover the lacunas, the present I.A. was filed to withdraw the suit with a liberty to file a fresh suit.