A.Kusuma Kumari (Died) v. Anna Ramachandraiah,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CIVIL REVISION PETITION No. 5376 of 2017 ORDER:

1) Heard both sides.

2) Aggrieved by the order, dated 31.08.2017, passed in I.A.No.730 of 2017 in O.S.No.219 of 2012 on the file of the Principal Junior Civil Judge, Tirupati, wherein the request made by the plaintiffs to withdraw the suit with a liberty to institute a fresh suit was rejected, the present Civil Revision Petition came to be filed under Article 227 of the Constitution of India.

3) When the matter is taken up for hearing, learned counsel for the petitioners submits that though the request before the trial Court was for filing a fresh suit but now he is only seeking withdrawal of the suit. 4) Learned counsel appearing for the respondents would submit that if the request is only for withdrawal of the suit, the respondents have no objection for the same.

5) Having regard to the submissions made across the bar by both the counsel, the Civil Revision Petition is disposed of, giving permission to the petitioners/ plaintiffs to withdraw the suit ie. O.S.No.219 of 2012 on the file of the Principal Junior Civil Judge, Tirupati, Chittoor District. 6) Miscellaneous petitions, pending, if any, shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 30.10.2017 gkv