PUSHPA KALADEVI Vs. MOOKAN

JUDGEMENT

(1.) This petition has been filed to set aside the order in I.A.No.18 of 2015 in O.S.No.18 of 2015 in A.S.No.7 of 2009 dtd. 31/8/2015 on the file of the Sub Judge, Sivagangai.

(2.) The petitioner herein is the first respondent, the first respondent herein is the petitioner and the second respondent herein is the second respondent in the original petition. The first respondent herein has filed a suit in O.S.No.11 of 2007 for declaration and for permanent injunction. The suit was dismissed. Against which, an appeal in A.S.No.7 of 2009 was filed before the learned Sub Judge, Sivagangai. Pending appeal, the first respondent herein has filed a petition in I.A.No.18 of 2015 seeking permission to withdraw the original suit with liberty to file a fresh suit on the same cause of action and the same was allowed. Against that order, the revision petitioner has approached this Court.

(3.) Brief substance of the petition in I.A.No.18 of 2015 reads as follows: The petitioner is the first appellant in the appeal. The original suit was filed for declaration and for injunction. The petitioner filed the original suit along with the other legal heirs of his father and with the legal heirs of his father's brothers Raman and Chinnaya. The trial Court has decided that the legal heirs of the deceased Raman were not entitled to the property. The legal heirs of the father of the plaintiff alone has to file a fresh suit. If such a permission is not granted, great prejudice will be caused to the petitioner.