A.JAYARAM REDDY Vs. P.UMAPATHY

JUDGEMENT

(1.) This Civil Revision Petition is filed against an order dtd. 08/09/2016 passed in I.A. No. 92 of 2015 in O.S.No. 212 of 2008, on the file of the District Munsif, Sholinghur, whereby, the learned District Munsif had refused an application filed by the plaintiff under Order XXIII Rule 1, for withdrawing the suit with liberty to file fresh suit. /

(2.) The plaintiff has filed the above suit for declaration of his right and title over the suit properties and for consequential permanent injunctions. The plaintiff's case is that the suit properties were his ancestral properties and he had partitioned the properties with his brothers, originally by a koorchit, dtd. 25/08/1964, followed by a registered partition deed, dtd. 26/02/1974.

(3.) The case of the defendants is that the properties belonged to their paternal grand father P. Veerasami Reddi, and after his life time, his father namely Mr. P. Krishandoss Reddi, inherited the same and that the plaintiff has no right title or interest over the same.