P. SADAYAMMAL Vs. V. PALANISAMY AND ORS.

JUDGEMENT

(1.) THE petitioner filed a suit in O.S. No. 75 of 2006 for partition and separate possession of her half share. The suit was filed on the basis of a partition deed dated 19 June, 1996. The Trial Court found that the suit property has nothing to do with the partition deed dated 19 June, 1996. The suit was, accordingly, dismissed.

(2.) THE petitioner filed first appeal in A.S. No. 74 of 2008 before the learned Additional Subordinate Judge, Karur. During the currency of appeal, the petitioner filed I.A. No. 415 of 2010 to withdraw the suit invoking Order 23 Rule 1 of Code of Civil Procedure. The application was dismissed by the Appellate Court. The order dated 20 April, 2011, in I.A. No. 415 of 2010 is the subject matter of the present Civil Revision Petition.

(3.) THE petitioner laid the suit against the respondents for partition and separate possession of her half share. The petitioner, in her plaint in O.S. No. 75 of 2006, contended that the property belongs to her father on the strength of registered partition deed dated 19 June, 1996. The Trial Court found that the document dated 19 June, 1996, has nothing to do with the suit property. The petitioner was non -suited only on the ground that the subject matter of the partition deed dated 19 June, 1996, has absolutely no connection with her father or the property shown in the schedule to the suit in O.S. No. 75 of 2006.