THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1464 of 2008 ORDER: The petitioner filed O.S.No.51 of 2006 in the Court of the Senior Civil Judge, Rayachoty against the respondents for partition and separate possession of the suit schedule properties. Written statements were filed. The respondents have taken the plea that the suit schedule property was purchased with the sthridhana of respondent No.1. Faced with this and other contentions, the petitioner filed I.A.No.64 of 2008 under Order 23 Rule 2 C.P.C. with a prayer to permit him to withdraw the suit. The application was opposed by the respondents mainly on the ground that respondent No.4, who is working in Kuwait, had to come to Rayachoty twice to prosecute the matter by incurring huge expenditure and the petitioner cannot be permitted to withdraw the suit abruptly. The trial Court dismissed the I.A., through its order, dated 24.03.2008. The same is challenged in this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner filed the suit for partition. He claims one-third share in the suit schedule property. The respondents pleaded that the entire property was purchased with the sthridhana of respondent No.1. It was also urged that certain other properties were not included in the suit schedule. The petitioner felt that substantial exercise is to be undertaken to meet these contentions, whether it is by way of collecting relevant documents or verification of records. Therefore, he thought it fit to withdraw the same and to pursue the remedy depending upon the result of further verification. There should not have been any plausible objection for the respondents to the application filed by the petitioner. It is not as if the suit was for declaration of title or other such relief involving the question of limitation, etc. A suit for partition can be filed at any point of time. No prejudice can be said to have been caused to the respondents. Hence, the civil revision petition is allowed and the order under revision is set aside. Consequently, I.A.No.64 of 2008 is allowed, the suit shall stand dismissed as withdrawn and the parties shall bear their own costs. ______________________ L.NARASIMHA REDDY,J Dt: 04.06.2010. kdl