Madhuribai vs Shakuntalabai - 2024 Supreme(MP) 157

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 157

SUBODH ABHYANKAR
Madhuribai – Appellant
Versus
Shakuntalabai – Respondent

Advocates:
Rajeev Bhatjiwale for petitioner; Padmnabh Saxena
for respondents No. 1 to 3; Ms. Bharti Lakkad,
Panel Lawyer for respondent No. 4/State.

ORDER

1. This petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the order dated 29.1.2018, as also against the order dated 23.6.2022, passed in Civil Suit No.47-A/2016 and MJC No.35/2019 (although, in the impugned order it is written as MJC No.35/2018), respectively, by Civil Judge Class-I, Dharampuri, District Dhar. Vide order dated 29.1.2018, the petitioner/plaintiff’s application under Order XXIII Rule 1(3) of CPC for withdrawal of suit with liberty to file a fresh suit, has been partly allowed whereas, the liberty has been refused, but the suit has been allowed to be withdrawn and is dismissed.

2. The petitioner also preferred a review petition of the aforesaid order by filing MJC No.35/2019, which has also been dismissed by the Trial Court on 23.6.2022.

3. In brief, the facts of the case are that a civil suit for declaration and injunction was filed by the petitioner/plaintiff on 3.5.2016 and in the aforesaid suit an application under Order XXIII rule 1(3) of CPC for withdrawal of the suit with liberty was filed on 5.1.2018 which has been dismissed as aforesaid.

4. Shri Rajeev Bhatjiwale, learned counsel for the petition

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