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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
A.Chandraprakash, S/o Baswa Reddy – Appellant
Versus
Khaja Sabhu (died) reptd by LRs- Mohd. Abdul Gaffar – Respondent
ORDER:
The order dated 16.04.2024 in I.A.No.501 of 2023 in OS.No.205 of 2005 passed by the Principal Junior Civil Judge, Vikarabad is under challenge in the present Revision Petition.
2. Heard Sri R.Ranganathan, learned counsel for revision petitioner and Sri A.Ravinder Reddy, learned senior counsel appearing for Sri Singh Thakur Anoop, learned counsel on record for respondent Nos.2 to 5.
3. The revision petitioner is defendant, respondent Nos.1 to 5 herein are plaintiffs and respondent Nos.6 to 10 herein are defendants in the suit before the trial Court. For convenience, hereinafter the parties will be referred to as arrayed in the suit.
4. The facts of the case, in brief, are that the plaintiffs filed a suit in OS.No.205 of 2005 on the file of the Principal Junior Civil Judge, Vikarabad, seeking to declare them as absolute owners of the suit schedule property i.e., land admeasuring Acs.2.39 guntas in Sy.No.34/A of Kareempur Village, Bantawaram Mandal, Ranga Reddy District and also for perpetual injunction restraining the defendant from alienating the suit schedule property. Along with the suit, the plaintiff filed an application for interim injunction against the defendant not to ali
Court has discretion to permit withdrawal of a suit under CPC, but must ensure sufficient grounds exist; mere counsel error does not qualify if it alters the suit's essence.
A court can only grant permission to withdraw a suit with leave to file a fresh suit if it is satisfied that the suit must fail by reason of some formal defect or that there are sufficient grounds fo....
Withdrawal of a suit under Order 23 Rule 1 CPC requires either a formal defect or sufficient grounds for a fresh suit.
Permission to withdraw a suit with liberty to file a fresh suit requires sufficient grounds or a formal defect; mere change in circumstances does not suffice.
Court must ensure sufficient grounds exist for withdrawal of a suit before permitting re-filing under Order XXIII Rule 1(3) CPC, safeguarding the rights of defendants and judicial efficiency.
The court established that withdrawal of a suit under Order XXIII Rule 1 requires the court to be satisfied with the grounds for allowing a fresh suit on the same cause of action.
The court ruled that plaintiffs can withdraw a suit with permission to file a fresh suit if sufficient grounds for withdrawal exist, overriding trial court's error in denying such permission.
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