E M MANI Vs. TATA TEA LTD

JUDGEMENT

(1.) The first counter petitioner in I.A. No. 1622 of 2001 in O.S. No. 88 of 2001 on the file of the Sub Court, Thodupuzha is the revision petitioner.

(2.) The above suit was filed for declaration of title and right of the plaintiff over the plaint schedule properties and for a temporary injunction restraining the defendants from trespassing into the plaint B schedule property and destroying the boundary walls and the improvements in the property. I.A. No. 1622 of 2001 was filed by the plaintiff in the suit seeking to withdraw the suit with permission to file a fresh suit on the same cause of action.

(3.) As per the plaint averments, the respondents in I.A. No. 1622 of 2001 trespassed into 12 cents of land out of the decree schedule property owned and possessed by the plaintiff. While the suit was pending, an application was filed for temporary injunction which was dismissed by the court below finding that part of the property in question was in the possession of the defendant. Thereafter, the plaintiff filed the above application under Order XXIII Rule 1(3) C.P.C. for withdrawing the suit with permission to file a fresh suit. The court below allowed the application against which this Civil Revision Petition is filed.