CRP/3270/2017 of C M NAGARAJU, ANANTHAPURAM DIST Vs A SAVITHRAMMA, ANANTHAPURAM DIST & 9 OTHERS

APHC010163312017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3505] (Special Original Jurisdiction) FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 3270/2017 Between: C M Nagaraju, Ananthapuram Dist ...PETITIONER AND A Savithramma Ananthapuram Dist 9 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. VIRUPAKSHA DATTATREYA GOUDA 2 The Court made the following: ORDER: The present revision is filed aggrieved by the order dt.28.03.2017 passed in I.A.No.58 of 2017 in O.S.No.47 of 2011, on the file of the Senior Civil Judge, Hindupur. 2. The petitioner in the present revision is the 2nd defendant in the said suit. The 1st respondent-plaintiff filed the said suit for partition against the petitioner herein and respondent Nos.2 to 10 therein. Pending the suit, the plaintiff filed I.A.No.58 of 2017 under Order 23, Rule 1 (3) of Civil Procedure Code seeking permission of the Court to withdraw the suit with liberty to file a fresh suit. Upon hearing the parties, the Trial Court allowed the application which is being impugned in