PRESIDENT SAVRIYARPATTINAM VILLAGE PANCHAYAT Vs. SANTHIYAGU

JUDGEMENT

(1.) The 2nd defendant in OS.No.40/2003, on the file of the District Munsif Court, Mudukulathur is the revision petitioner.

(2.) The respondents 1 and 2 in this petition have filed the suit in OS.No.40/2003 for declaration and for permanent injunction and also filed an application under Order 39 Rule 1 and 2 CPC for grant of interim injunction and the suit was filed in July 2003.

(3.) It is stated by the revision petitioner that the trial court has not passed any order of interim injunction. The suit came up for hearing on 20.8.2003 and the plaintiff made an endorsement, stating that the plaintiff was withdrawing the suit with a liberty to file a fresh suit on the same cause of action and on such endorsement, the court has simply stated "Recorded". The said order is being questioned in this civil revision petition. Heard the learned Advocate for the petitioner and the respondent.