ATHIAPPAN Vs. PALANIAPPAN

JUDGEMENT

(1.) The Petitioners/Plaintiffs have focussed the present Civil Revision Petition as against the order dated 29.11.2010 in I.A. No. 962 of 2010 in O.S. No. 145 of 2008 passed by the Learned District Munsif, Rasipuram. The Learned District Munsif, while passing the order in I.A. No. 962 of 2010 in O.S. No. 145 of 2008 dated 29.11.2010, has, among other things, categorically observed that '... The main suit filed by the Petitioners (Plaintiffs) has been posted for cross examination of D.W. 1 (on behalf of Defendants Respondents side) and at that point of time, the Petitioners have filed the petition seeking permission to withdraw the suit and although, on behalf of the Petitioners, it is pleaded that the suit suffers from formal defect, the reliefs prayed for by the Petitioners cannot be granted to them' and resultantly, dismissed the application without costs.

(2.) The Learned Counsel for the Petitioners/Plaintiffs submits that the Petitioners/Plaintiffs filed the main suit O.S. No. 145 of 2008 on the file of trial Court seeking the relief of declaration that the Sale Deed dated 02.07.2007 is not valid and also sought the relief of consequential permanent injunction against the Respondents/Defendants.

(3.) The main contention advanced on behalf of the Petitioners/Plaintiffs is that the trial Court has failed to appreciate that the Decree in O.S. No. 92 of 2008 relied on by the Respondents/Defendants has been introduced for the first time in the proof affidavit of D.W. 1 and therefore, the Petitioners/Plaintiffs have chosen to withdraw the suit viz., O.S. No. 145 of 2008 on the file of trial Court because of the legal impact of the Decree dated 29.01.2010 in O.S. No. 92 of 2008 obtained by the 1st Respondent/1st Defendant.