NARASULLAH Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) The Civil Revision Petition has been filed by the Plaintiffs in O.S. No.1085 of 1985 against the Order of Dismissal in I.A. No.905 of 2014 in A.S. No.206 of 2011, dtd. 3/9/2019, on the file of the Principal Subordinate Court, Tiruchirappalli.

(2.) The Petitioners are the Plaintiffs in O.S. No.1085 of 1985 on the file of the District Munsif Court, Tiruchirappalli. The Suit was filed for declaration and Permanent Injunction. The said Suit was dismissed by the Trial Court and as against which, the Plaintiffs/Petitioners preferred an Appeal in A.S. No.206 of 2011 on the file of the Principal Subordinate Court, Tiruchirappalli. During the pendency of the said appeal, the Plaintiffs have filed an Application in I.A.No.905 of 2014 praying to dismiss the Suit by granting liberty to the Plaintiffs to file a fresh Suit for the same cause of action.

(3.) The learned Principal Subordinate Judge, Tiruchirappalli, after taking into consideration the facts and circumstances of the case, had come to the conclusion that the Petitioner is not entitled to withdraw the Suit and to file a fresh Suit for the same subject matter and transferred the entire Appeal to the Wakf Tribunal. Aggrieved by the same, the present Civil Revision Petition is filed.