Telangana High Court

CRP/5086/2013 of Lagisetty Narasimha Swamy Vs Beesam Anjaneyulu on 30 December 2013

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DR. JUSTICE K.G. SHANKAR CIVIL REVISION PETITION NO. 5086 OF 2013 ORDER: The petitioner-plaintiff sought for withdrawal of the suit with liberty to file a fresh suit. The contention of the learned counsel for the petitioner is that the incorrect boundaries were mentioned in the plaint

HON’BLE DR. JUSTICE K.G. SHANKAR

CIVIL REVISION PETITION NO. 5086 OF 2013

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ORDER:

The petitioner-plaintiff sought for withdrawal of thesuit with liberty to file a fresh suit. The contention of thelearned counsel for the petitioner is that the incorrectboundaries were mentioned in the plaint schedule so muchso it becomes necessary for the plaintiff to withdraw thesuit to enable the plaintiff to file a fresh suit. The petition,seeking permission to withdraw the suit with liberty to file afresh suit, was dismissed by the Trial Court.

I do not consider that when the plaintiff seeks towithdraw the suit, it would be appropriate to reject such arequest. At the same time to file a fresh suit, there mustbe availability of the limitation. Consequently, the petition,seeking for permission to withdraw the suit with liberty tofile a fresh suit, is permitted subject to law of limitation.

Accordingly, this Civil Revision Petition is allowed. The plaintiff is permitted to withdraw the suit with liberty to file a fresh suit with an appropriate relief subject to law oflimitation. No costs. Miscellaneous petitions, pending ifany in this Revision Petition, shall also stand closed.

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DR.JUSTICE K.G.SHANKARDATE: 30.12.2013KA

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