Kukkala Sathaiah, (since died as per LRs). vs Julakanti Butchi Reddy, (died as per LRs.)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Telangana) 2218

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Kukkala Sathaiah, (since died as per LRs). – Appellant
Versus
Julakanti Butchi Reddy, (died as per LRs.) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : J.Suresh Babu

Table of Content
1. context and background of the civil revision petition (Para 1 , 2 , 6 , 8 , 12)
2. arguments for and against withdrawal of the suit (Para 4 , 9)
3. court's supervisory power under article 227 (Para 5 , 11)
4. understanding formal defects in suit withdrawal (Para 14)
5. final decision and directive of the court (Para 17)

ORDER :

B.R.MADHUSUDHAN RAO, J.

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order in IA.No.60 of 2020 in OS.No.386 of 2007, dated 27.12.2022 by the Special Judicial Magistrate of First Class Cum II Additional Junior Civil Judge at Nalgonda wherein the application filed by the petitioners under Order 23 Rule 3(a)(b) of CIVIL PROCEDURE CODE , 1908 (for short ‘CPC’) came to be dismissed.

2. Petitioners are the petitioners-plaintiffs and the respondents are the respondents-defendants in IA.No.60 of 2020 in OS.No.386 of 2007.

3.1. Learned counsel for the petitioners submits that the Court below ought to have seen that permission to withdraw the suit with liberty to file a fresh one can be granted even if the defect is formal or fatal in other words is said that if the ‘formal’ defect is going to fail th