(PASSED ON 21/12/2022)

1.

This Revision under Section 115 of the Code of Civil

Procedure has been preferred by the applicant/plaintiff against the

Signed by: NEERAJ

SARVATE

Signing time: 26-12-2022

15:40:58

Signature Not Verified

2

order dated 23.01.2022 passed in Civil Suit No.88-A/2015 by the

VIth Civil Judge, Class-I, District Dewas whereby his application

under Order 23 Rule 1 and 3 of the CPC for withdrawal of the suit

with liberty to file a fresh suit has been rejected.

2.

The facts of the case are that plaintiff instituted an action on or

about 14.09.2015 against the defendant for declaration of his half

share in the suit lands, for mandatory injunction directing the

defendant to remove his construction from over his share in the suit

land and for permanent injunction restraining the defendant from

making any construction in the future or alienating the suit land in

any manner. Upon service of summons upon her the defendant has

contested the plaintiff's claim by filing her written statement on

21.06.2016.

3.

During course of proceedings before the trial Court the plaintiff

filed an application under Order 23 Rule 1 and 3 of the CPC for

withdrawal of the suit with liberty to institu