Neutral Citation No. - 2025:AHC-LKO:19574 Court No. - 8 Case :- CIVIL REVISION No. - 72 of 2024 Revisionist :- Sharad Kumar Mishra And 7 Others Opposite Party :- Syed Sujat Husain And 8 Others Counsel for Revisionist :- Mayank Pandey,Brajesh Kumar Yadav Counsel for Opposite Party :- Anand Sharma,Pankaj Kumar,Piyush Chandra Agarwal,Vinay Kumar Yadav Hon'ble Jaspreet Singh,J. Heard Sri Mayank Pandey learned counsel for the revisionists and Sri P.C Agarwal learned counsel for the respondent no.7. The instant civil revision has been preferred under Section 115 CPC assailing the order dated 17.09.2024 passed by the Civil Judge (Senior Division) Mohanlalganj Lucknow in RS No.1566 of 2024 (Sharad Kumar Mishra and Anr vs Syed Sujat Husain and Ors) whereby an application preferred by the petitioner under Order 23 Rule (1) CPC has been rejected to the extent that the Court did not permit the petitioners to withdraw the petition with liberty to file fresh. Submission of learned counsel for the petitioners is that the suit for permanent injunction was filed before the trial court, upon which, notices were issued to the defendants. At a later stage, it was realized by the petitioners on the basis of the legal advise that perhaps the suit of the petitioners may not yield results and it is with the aforesaid averment that the petitioners moved an application under Order 23 Rule 1 CPC a copy of which has been brought on record as Annexure no.6. This application came to be contested by the respondent (the defendant no.7 in the civil suit) and it was urged that though the plaintiff may have an unconditional right to withdraw the suit but when the leave to file fresh is sought then it has to be established that his case fell within four corners of law. The revisionists in the instant case, in his application for withdrawal, did not make averment as to entitle him to withdraw the suit, upon which, he could be granted liberty to file fresh. This application came to be rejected by trial court on 17.09.2024 which is the order under challenge in this instant revision. Learned counsel for the petitioners, after arguing at some length, submits that he may be permitted to withdraw the revision with liberty to move a fresh application under Order 23 Rule (1) indicating specific reasons which may be considered by the trial court on its own merit. Sri P.C Agarwal learned counsel for the respondent submits that he has no objection. In view of the aforesaid, the instant revision is dismissed with liberty to the petitioners to file an application fresh. In case, if fresh application is moved the same shall be considered by the Court after hearing parties concerned and be decided in accordance with law and needless to say that mere dismissal of the earlier application may not come in the way of the court or the petitioners while deciding the application proposed to be filed. Order Date :- 8.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench