E. Pushpa vs G. Lingama Naidu - 2024 Supreme(AP) 922

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 922

KIRANMAYEE MANDAVA
E. Pushpa – Appellant
Versus
G. Lingama Naidu – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: K.V.L. Narasimha Rao.
For the Respondent: V.S.R. Anjaneyalu.

ORDER :

1. The Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the order dated 07.12.2018 in I.A. No. 640 of 2018 in O.S. No. 69 of 2012 on the file of the Principal Senior Civil Judge, Chittoor.

2. The respondent/plaintiff filed an application under Order XXIII Rule 1 (3) of the Code of Civil Procedure, seeking permission of the Court to withdraw the suit, stating that the averments of the plaint could not be drafted as per his instructions and, that the schedule of the properties was also not properly incorporated. And that various documents which the plaintiff was relying on were also not referred to in the plaint and that any number of amendments/corrections to the plaint would rectify the defects in the suit. He, therefore, sought the liberty of the court to withdraw the suit and permit him to file the suit afresh based on the same cause of action.

3. The learned trial Judge relying on the decision of the Hon’ble Supreme Court of India in the case of Anathula Sudhakar vs. P. Buchi Reddy, AIR 2008 SC 2003 wherein it is observed as under:

“the suit schedule properties are not in the possession of the plaintiff and they are in the possessi