IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CIVIL REVISION PETITION No.2906 of 2008 BETWEEN: Perli Yacob and others … PETITIONER(S) And Kanaparthi Janardhana Rao … RESPONDENT(S) HON’BLE SRI JUSTICE N.RAVI SHAKAR CIVIL REVISION PETITION No.2906 of 2008 ORDER: Heard Sri T.Vinod Kumar representing counsel for petitioners. The other side counsel is not present. 2. The petitioner in this CRP is the plaintiff in O.S.No.337 of 2001 on the file of the Court of Additional Junior Civil Judge, Chirala (trial Court). He filed a petition i.e. I.A.No.106 of 2007 under Order XXIII Rule 1 of the Code of Civil Procedure seeking permission of the trial Court for withdrawal of the suit in order to file a fresh suit. After a contest from the defendant the trial Court by its order dated 10.03.2008 dismissed that petition and questioning that order the plaintiff has now filed this CRP. 3. It is represented that the suit has been filed for a mere perpetual prohibitary injunction. The impugned order of the trial Court shows that the plaintiff’s evidence has been closed and the matter has been coming up for defendant’s evidence when the present petition for withdrawal of the suit has been filed. The trial Court considered this aspect and other matters and accepted the case of the defendant that apprehending that the suit may be dismissed the plaintiff has come up with the present application and then it considered the merits of the application and dismissed it by the impugned order. The reasons given by the trial Court would show that it has not committed any illegality in passing the impugned order and it does not suffer from any other infirmity also which calls for interference by this Court. 4. Accordingly this revision petition is dismissed. No costs. Any interim order granted in this CRP shall stand vacated. _____________________ N.RAVI SHANKAR,J 3rd March, 2011 cvrk