JUDGMENT

L. MOHAPATRA, J. — This writ application is directed against the order dated 20.1.2003 passed by the learned Civil Judge (Jr. Division), Bhadrak in Title Suit No.174 of 1986-I and 320 of 2002 rejecting the application for withdrawal of the suit with permis¬sion to file a fresh suit as well as the order passed by the revisional authority i.e. the learned Additional District Judge, Bhadrak permitting withdrawal of the suit without giving liberty for filing a fresh suit.

2. The plaintiffs are the petitioners before this Court. They had filed the suit claiming their easementary right over the suit property, for correction of the record of right and for permanent injunction. Since two defendants are the State authori¬ties and relief is also claimed against the State authorities, notice under Section 80 C.P.C. was required to be served. Apart from the above, Orissa Wakf Board being a party to the suit, notice was also required to be served on the Wakf Board prior to institution of the suit. Though the plaintiffs-petitioners pro¬ceeded with the suit by issuing the notice under Section 80 C.P.C., at the end of the trial, when the suit was posted for argument, an application was fi