HONOURABLE MR.JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3730 of 2009 ORDER: The petitioner is the plaintiff who files this revision petition under Article 227 of the Constitution of India seeking to assail the correctness of the order dismissing an application in I.A.No.752 of 2009 in O.S.No.2 of 2005 on the file of the Court of Principal Junior Civil Judge, Mangalagiri, filed under Order 23 Rule 1 CPC seeking permission to abandon the suit with a liberty to institute fresh suit in respect of the subject matter and other properties. The main reasoning given in support of the application is to the effect that having regard to the fact that the petitioner was not aware of all the properties and further even admittedly as per the written statement some properties are left by oversight and some are already sold. Hence, the petitioner seeks withdrawal of the suit for filing a comprehensive suit with all the properties including the properties sold. It is pointed out that another suit filed for injunction is also clubbed with the present suit and now the application is filed at the stage of arguments. The Court below, after considering the reasons given, dismissed the application mainly on the ground that it would prejudice the respondent. Hence, the revision petition. Having heard the learned counsel and on perusal of the material on record, it is quite apparent that the suit itself is of a comprehensive nature one for partition where everybody is both plaintiff and defendant and therefore, even if a property is left over or sold, it is always open to the petitioner to include them rather than withdrawing the suit and go to institute fresh suit. Hence, the very application as has been filed is not proper and maintainable. In view of the same, I do not find any warrant to interfere under Article 227 of the Constitution of India. The Civil Revision Petition is dismissed. No order as to costs. _________________ B.PRAKASH RAO, J Date: 25th September, 2009 SKM