ORDER :

S.R. KRISHNA KUMAR, J.

This petition by the plaintiff in O.S.No.313/2019 is directed against the impugned order dated 20.12.2023 passed on I.A.No.5, whereby the said application filed by the petitioner/plaintiff under Order 23 Rule 1 CPC seeking permission to withdraw the suit with liberty to file a fresh suit was partly allowed by the trial Court, which permitted withdrawal but declined to grant liberty in favour of the petitioner/plaintiff to file a fresh suit.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner/plaintiff instituted the aforesaid suit against the respondents/defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and for other reliefs. The respondents/defendants having contested the said suit, the trial Court framed issues and at the stage of further evidence, the petitioner/plaintiff filed instant application seeking permission to withdraw the suit with permission to file a separate comprehensive suit. The said application having been opposed by the respo