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1 - 10 of 14 (0.27 seconds)Kandapazha Nadar & Ors vs Chitraganiammal & Ors on 16 April, 2007
15. The Hon'ble Supreme Court in Kandapazha Nadar & Ors
vs. Chitraganiammal & Ors., considered the effect of withdrawal of a
suit without any adjudication, on a subsequent suit. The relevant
observations of Hon'ble Supreme Court on this issue are extracted below:
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
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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.
Ghulam Nabi Bhat & Ors vs Haneefa & Ors on 18 September, 2018
4. Ghulam Nabi Bhat & ors vs. Haneefa & ors8
Maharaja Chintamani Saran Nath Sah Deo vs Tikait Pratap Chandra Nath Sah Deo on 14 October, 1966
5. Judgment of the Delhi District Court, in TIS Hazari Courts in
Suit No. 380/08 in the case between Mr. Karan Nath vs.
Mr. Kailash Nath & ors.
Rajasundari W/O. Sivaramakrishnan vs Gowri @ Avaduai Ammal W/O. C.R.S. ... on 9 December, 2005
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 2 in The Limitation Act, 1963 [Entire Act]
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
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2013 (4) ALD 814
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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.