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Telugu Chinna Thirpathaiah vs Boya Nadipi on 18 June, 2013

11. The facts in that case were that the plaintiff who had filed a suit for mandatory injunction, sought permission to withdraw the suit on 5 RRR,J C.R.P.No.255 of 2020 the ground that there was a necessity for seeking declaration of title also. This application was rejected by the trial Court on the ground that the petitioner therein had not demonstrated to the satisfaction of the trial Court that such a situation exists and warrants relief to be granted. In the revision the learned single Judge had held that it would not be open to the trial Court to insist upon the pleadings and grounds to be proved before such leave is granted.
Andhra HC (Pre-Telangana) Cites 1 - Cited by 3 - C V Reddy - Full Document

K.S. Bhoopathy And Ors vs Kokila And Ors on 8 May, 2000

5. Sri V.V. Ravi Prasad, learned counsel appearing for the respondents would submit that the affidavit filed in support of the application by the petitioners, does not make out any case under Order XXIII Rule 1(3) and in the absence of any pleadings the trial Court had dismissed the application. In the circumstances, he would submit that 1 2013 (4) ALD 814 3 RRR,J C.R.P.No.255 of 2020 nothing further remains in the revision petition. The learned counsel would also rely upon the judgments in K.S. Bhoopathy and Ors., vs. Kokila and Ors.,2; G. Achanna vs. P. Pratap Reddy3; and Soma Raju vs. Samanthu Sivaji Ganesh and Anr.,4 and an unreported judgment of the Hon'ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dated 21.12.2018 in C.R.P.No.1700 of 2015. The learned counsel would also seek to distinguish the judgment cited by the learned counsel for the petitioners.
Supreme Court of India Cites 5 - Cited by 165 - D P Mohapatra - Full Document
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