THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4948 OF 2010 ORDER: 1. This Civil Revision Petition is filed challenging the order dated 30.08.2010 in I.A. No.71 of 2010 in A.S. No.11 of 2008 on the file of the Special Sessions Judge for Trial of Scheduled Castes and Scheduled Tribes Cases-cum-Additional District Judge, Anantapur. 2. The brief facts are, the respondent/plaintiff filed Original Suit No.936 of 2002 on the file of the Principal Junior Civil Judge, Anantapur against the petitioner/defendant, for permanent injunction in respect of the plaint schedule property. The trial Court dismissed the said suit. Challenging the same, the respondent/defendant preferred Appeal Suit No.11 of 2008 before the appellate court, and filed the present application therein for permission to withdraw the above suit to file a fresh suit for declaration of title and recovery of possession stating that during pendency of the suit, the defendant trespassed into the schedule property. Vide the impugned order, that petition was allowed subject to limitation and other factual and legal aspects. Challenging the same, the petitioner/defendant preferred the present revision. 3. The learned counsel for the petitioner contended that by virtue of the permission granted to the respondent to file a fresh suit for declaration, rights of the petitioner would be deprived of and the admissions made by the respondent/plaintiff would come in his way, and hence, he prays to set aside the impugned order. 4. On the other hand, the learned counsel for the respondent opposed the same on the ground that the liberty given by the court below to institute a fresh suit is not an absolute one, but it is subject to limitation and other factual and legal aspects, and that as the respondent/plaintiff was admittedly not in possession of the schedule property, the permission was rightly granted, and hence, there are no grounds to interfere with the impugned order. 5. As seen from the impugned order, the plaintiff was given permission to withdraw Original Suit No.936 of 2002 with a liberty to file a fresh suit for declaration and for recovery of possession of the schedule property subject to limitation and other factual and legal aspects. Admittedly, the suit is not filed for declaration of title. In view of the fact that the plaintiff was not in possession of the property as per his own admission during the evidence, and as the suit is filed for grant of permanent injunction, necessarily the plaintiff has to withdraw the suit, because he would not get any relief of injunction as he was admittedly not in possession of the schedule property. Considering these aspects, the court below rightly granted the permission and there are no grounds to interfere with the impugned order. 6. The Civil Revision Petition is devoid of merit and is, accordingly, dismissed. No costs. --------------------- (K.C.Bhanu, J.) 28.1.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4948 OF 2010 28.1.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 4948 OF 2010 28.1.2011 Between: Karnatakam Aswarthamma …Petitioner And A.Jayaram Reddy …Respondent