The main legal point established in the judgment is that when an application is filed seeking withdrawal of the suit with leave to file a fresh suit, the Court must either accept the application in toto or reject the application. If leave is refused, Court should simply dismiss the application without dismissing the suit on the basis that it has been withdrawn.

ORDER :

1. Plaintiff, in the suit filed the above revision against the order dated 26.07.2022 passed in I.A.No.895 of 2022 in O.S.No.256 of 2014 on the file of learned Principal Junior Civil Judge, Ongole.

2. Plaintiff filed suit O.S.No.895 of 2022 against the defendant for recovery of possession of suit schedule property by directing the defendant to remove the structures shown as “A-1” in the plaint plan and for consequential injunction.

3. In the plaint, it was contended, inter alia, that suit schedule property is ancestral property of the plaintiff. Father of the plaintiff, Suddapalli Singaih settled the property in favour of the plaintiff and his brother Tirumala Rao under registered settlement deed dated 14.08.2014 under document No.7504 of 2014 with absolute rights. Brother of the plaintiff is staying in USA. Plaintiff is looking after all the affairs of his brother. Father of the plaintiff gifted Ac.0-05 cents of site to the Panchayat for construction of school building to the West of the plaint schedule property and a building was also constructed. Plaintiff, being employee is working at Hyderabad. Father of the plaintiff went to Hyderabad and stayed there for two weeks. After his return from Hyderabad, plaintiff’s father noticed that pits were dug and basement was also laid for raising permanent structures in the South West corner of ‘A’ marked plaint schedule property to an extent of 15 feet x 41 feet = 615 square feet equivalent to 68 square yards of site which is shown as ‘A-1’ marked portion in the plaint plan. Plaintiff’s father questioned illegal act of the defendant. However, defendant declined to hear the words of plaintiff’s father. On receiving information, plaintiff came to the village and noticed encroachment and questioned the defendant, but there was no response from the defendant. Hence, filed the suit for relief stated supra.

4. Defendant filed written statement and contended inter alia, that suit schedule property is located in survey No.58. According to re-survey and re-settlement register of the village of Rachavaripalem, survey No.58 is grama kantam site, which is exclusive property and belongs to entire villagers. The total extent in survey No.58/1 is 17.62 cents, which is grama kantam site. The extent of land in survey No.58/2 is Ac.0-63 cents, which belongs to third parties including father-in-law of the defendant. As per revenue records, neither plaintiff and his father nor their ancestors were in possession of the suit schedule property at any point of time. Plaintiff conveniently prepared a false plaint with wrong topography. Father of the plaintiff never gifted any site to Panchayat for construction of school building. The school buildings were constructed in grama kantam site. Defendant never encroached upon the property of plaintiff or his father. Suit schedule property is Gram Panchayat site. Plaintiff created false certificate in the name and style of property certificate without any right whatsoever. Plaintiff wrongly showed the plan and boundaries except the western side boundary. Government sanctioned additional classrooms and the same was allotted to the School Management Committee, MPUP School, Rachavaripalem village, Maddipadu Mandalam. The convener of School Management Committee addressed a letter to the Secretary of Rachavaripalem Grama Panchayat for approval to construct additional classroom for the Upper Primary School. After receiving said letter, Gram Panchayat passed a resolution in favor of School Management Committee. Committee with the assistance of Sarpanch of village is constructing additional class rooms. Defendant being Sarpanch is getting constructed class rooms as per norms of Government. The entire grama kantam site is an extent of Ac.0-42 cents with 7th and 8th class rooms. Constructions were made up to lintel level. Site is exclusively allotted by grama panchayat for various public purposes and prayed to dismiss the suit.

5. Suit is coming up for trial. At that