M. THANGAM Vs. P. SUBBAMMAL

JUDGEMENT

(1.) The Civil Revision Petition is directed against the Order passed in I.A. No.206 of 2017 in O.S. No.297 of 2013 dtd. 16/3/2018 on the file of the 2nd Additional District Munsif Court, Tirunelveli, allowing the application filed under Order 23, Rule 1(3) of the Code of Civil Procedure.

(2.) The Revision Petitioners are the Defendants and the Respondent is the Plaintiff. For the sake of convenience and brevity, the parties herein will be referred to as per their status/ranking in the Trial Court.

(3.) The Plaintiff has filed the Suit in O.S. No.297 of 2013 against the Defendants before the District Munsif Court, Tirunelveli, claiming Permanent Injunction restraining the Defendants and their men from in any manner interfering with the Plaintiff's peaceful possession and enjoyment of the Suit property. The Defendants have filed their Written Statement and are contesting the Suit. When the Suit was in part-heard stage, the Plaintiff has filed the above application in I.A. No.206 of 2017 under Order 23, Rule 1(3), C.P.C. seeking permission to withdraw the Suit with liberty to file a fresh Suit. The Defendants have filed their Counter Statement raising serious objections. The learned District Munsif, after enquiry, has passed the impugned Order, dtd. 16/3/2018 allowing the application by imposing cost. Aggrieved by the impugned Order, the Defendants have preferred the present revision.