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    <title>2002 (6) TMI 608 - BOMBAY HIGH COURT</title>
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    <description>Order 23 Rule 1 CPC permits unconditional withdrawal of a suit as a matter of right unless withdrawal would defeat an existing adjudication or vested right of the opposite party. On the facts, the petitioners had already parted with possession and no subsisting interest in the suit premises was shown to survive when withdrawal was sought, so no condition restoring possession was justified. The brief order allowing withdrawal was also not liable to interference merely for want of elaborate reasons, since it reflected the legal basis for permitting withdrawal and involved no improper exercise of jurisdiction. The revision therefore failed and withdrawal without conditions was upheld.</description>
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    <pubDate>Fri, 14 Jun 2002 00:00:00 +0530</pubDate>
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      <title>2002 (6) TMI 608 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=310190</link>
      <description>Order 23 Rule 1 CPC permits unconditional withdrawal of a suit as a matter of right unless withdrawal would defeat an existing adjudication or vested right of the opposite party. On the facts, the petitioners had already parted with possession and no subsisting interest in the suit premises was shown to survive when withdrawal was sought, so no condition restoring possession was justified. The brief order allowing withdrawal was also not liable to interference merely for want of elaborate reasons, since it reflected the legal basis for permitting withdrawal and involved no improper exercise of jurisdiction. The revision therefore failed and withdrawal without conditions was upheld.</description>
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      <pubDate>Fri, 14 Jun 2002 00:00:00 +0530</pubDate>
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