The petitioner who is the plaintiff in O.S.No.27/2014

filed before the Senior Civil Judge, Aland, is before

this Court seeking for the following reliefs:

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"a) Issue a writ of certiorari and to quash the order dated

25.03.2023 passed by the court of Senior Civil Judge at

Aland, Kalaburagi district in OS NO.27/2014 on IA NO. 8,

produced at Annexure - J.

b) Issue any other suitable writ, order or direction as this

honourable

court

deems

fit

under

the

facts

and

circumstances of the case including an order of cost."

Initially a suit was filed against defendant Nos.1 to 5

seeking for declaration of gift deed as null and void

and not binding on the plaintiff and for cancellation

of the said gift deed as also declaration of ownership,

possession

of

the

plaintiff

and

consequently

injunction.

In the said suit, defendant No.6 impleaded himself

and filed his written statement raising various

contentions. At that stage, initially, an application

under Order XXIII Rule 1 Sub Rule 3A and B of CPC

came to be filed seeking permission to withdraw the

suit with liberty to file a fresh suit which came to be

dismissed by the trial Court on 07.04.20221 on the

ground that no grounds are made