THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.212 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 08.12.2008, in I.A.No.456 of 2008 in O.S.No.7 of 2006, on the file of II Additional District Judge, Madanapalle, whereunder and whereby, the petition, filed under Order XXIII Rule 1 and Section 151 of the Code of Civil Procedure, 1908, to permit the petitioner/plaintiff to withdraw O.S.No.7 of 2006, with a liberty to file more comprehensive suit with all reliefs necessary on the same cause of action, was dismissed. 2. Learned counsel for the petitioner/plaintiff contended that the suit is not for partition, but only for perpetual injunction; that when the respondents/defendants filed the written statement denying the title, necessarily the petitioner has to file a suit for declaration of title and therefore, the trial Court ought to have allowed the petition. 3. On the other hand, learned counsel for the respondents/defendants contended that the title has already been decided by the competent civil Court and the same has attained its finality and therefore, the petitioner cannot file a suit for declaration of title and hence, there are no grounds to set aside the impugned order. 4. It is not in dispute before this Court that the suit was filed for partition. No reasons are assigned by the petitioner to show as to how and why the rights of the parties could not be determined in a suit for partition. What is the nature of the comprehensive suit, which the petitioner intends to file, has not been stated in the affidavit filed in support of the petition. Therefore, withdrawal of suit filed for partition is only to drag on the matter. In view of the fact that all the issues raised by the petitioner can be effectively adjudicated in the present suit itself, the question of withdrawal of the suit does not arise. Hence, the revision petition is devoid of merit and is liable to be dismissed. 5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J February 14, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.212 OF 2009 Between: Gunnavaram Rangaswamy .....PETITIONER AND N. Ramachandra Reddy and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.212 OF 2009 February 14, 2011