VIJAYAKUMAR Vs. VIJAYAKUMARI

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against the order of Principal District Munsif , Sivaganga dated 31. 03. 2003 made in I. A. No. 78 of 2003 in o. S. No. 70 of 2001, allowing the Petition under Order 23 Rule 1 C. P. C for withdrawal of the Suit and giving liberty to the Plaintiff to file fresh Suit on the same cause of action.

(2.) THE relevant facts necessitated for disposal of this civil Revision could briefly be stated thus: - O. S. No. 70 of 2001:- THE Suit Property relates to 00182. 0 Sq. Mt. Vacant site in S. No. 12/1, Ranganachiyar Street,Sivagangai Town, Sivagangai Taluk and District. THE Plaintiff and the Defendants are related as under:- ----------------------------------- | | Gowri Muthu Amaravathy | | | | | Radhakrishnan (D-4) | ------------------------------------------------------- | | | | | Vijayakumar Jayakumar Vijayakumari Jayakumari Kanna Bai D-1 D-2 Plaintiff D-3

(3.) THE Application was opposed by the Defendants by filing elaborate counter Statement. Further, the Second Defendant has also filed elaborate affidavit setting forth the happenings between the parties and referring to the Partition Deed amongst the family members, including the plaintiff and also the Partition Deed between the Defendants 1 and 2.