THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.1917 of 2014 Between: Smt.K.Seetha Devi And Dated 15th July, 2014 …Petitioner K.Ramesh Rao and another …Respondents Counsel for the petitioner: Sri N.Chandradhar Rao Counsel for the respondents: ----
The Court made the following:
ORDER:
This civil revision petition arises out of order, dated 03.02.2014, in I.A.No.95 of 2012 in O.S.No.21 of 2012, on the file of the learned Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar Hyderabad.
The petitioner who filed the above-mentioned suit for bare injunction filed I.A.No.95 of 2012 for amendment of the plaint in order to claim the relief of declaration of title, declaration of the sale deeds obtained by the respondents as null and void and also for recovery of possession. The lower Court dismissed the said application mainly on the ground that an identical application filed earlier was dismissed as withdrawn.
Sri N.Chandradhar Rao, learned counsel for the petitioner, stated that as the earlier application was not supported by proper documentary evidence, the same was withdrawn.
In my opinion, having withdrawn the earlier application without the leave of the Court, it is not permissible for the petitioner to file an application for the similar relief. Therefore, I do not find any reason to interfere with the order of the lower Court. However, this order will not preclude the petitioner from withdrawing the present suit and file a fresh comprehensive suit.
Subject to the liberty given to the petitioner as above, the civil revision petition is dismissed.
As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.2697 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 15th July, 2014
VGB