THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No.3173 OF 2009 ORDER: 1 This revision is directed against the order dated 16.09.2008 in I.A.No.344 of 2008 in O.S.No.1050 of 2003 on the file of the Rent Controller-cum-IV Additional Junior Civil Judge, Visakhapatnam wherein the said application filed by e petitioner under Order XXIII Rule 3 (B) seeking leave to withdraw the suit with liberty to file a fresh suit, was dismissed. 2 Heard the learned counsel for the petitioner and the learned counsel for the Respondents. Perused the record. 3 The Petitioner filed the suit for permanent injunction against the respondents. It is stated that subsequently the Government issued a G.O. for regularization of unauthorized constructions and the petitioner also applied for regularization of the suit property by paying requisite fee. It is further pleaded that unless the suit is withdrawn, her application for regularization will not be considered by the respondents as per the conditions of the G.O. The petitioner, therefore, filed I.A.No.344 of 2008 seeking permission to withdraw the suit with liberty to file a fresh suit. By the impugned order, the learned Junior Civil Judge observed that it is left to the petitioner to withdraw the suit, but not with a liberty to file a fresh suit. 4 It is always open to the petitioner to withdraw the suit to enable her to pursue the application filed for regularization. It is equally open to the petitioner to avail all remedies available under law if and when such need arises in respect of the suit property and no specific leave is required for the said purpose. 5 The revision is accordingly disposed of. No order as to costs. ---------------------------- G.V. SEETHAPTHY, J. 14.06.2011 Kvsn