KALYANASUNDARAM AND ORS. Vs. MURUGAN

JUDGEMENT

(1.) As this matter lies in a narrow compass and it could be disposed of based on question of law, I have decided to dispose of this civil revision petition today.

(2.) Plaintiffs / appellants aggrieved by the dismissal of their I.A.No.339 of 2014 in A.S.No.11 of 2014, filed under Order XXIII Rule 1 of the Code of Civil Procedure, to withdraw the suit in O.S.No.132 of 2009 with liberty to file a fresh suit with certain liberty, have directed this civil revision.

(3.) It is a partition suit between the children of one Kailasam. The Kailasam created problem by selling a portion of the property to the respondent / 1st defendant. The children of Kailasam have laid up the suit in O.S.No.132 of 2009 in the Court of Principal Subordinate Judge, Tenkasi, as against the respondent / 1st defendant, who had purchased the portion of the property.