JACOB THOMAS THUMBASSERIL Vs. BINITA JACOB

JUDGEMENT

(1.) The present Civil Revision Petition has been filed by the petitioner to set aside the order of the learned Principal District Munsif at Alandur dated 30.10.2015 made in I.A.No.919 of 2015 in O.S.No.405 of 2014.

(2.) The petitioner as a plaintiff has filed a suit in OS.No.405/2014 for injunction restraining the defendant and her men or anybody claiming under her in any manner, alienating, entering into any agreement, mortgaging or any manner encumbering the suit property. The defendant/wife of the petitioner herein filed a written statement and contested the suit. In the written statement, it was held that already the property in question was settled in favour of her mother and that she is not the owner of the suit property. Since the defendant / respondent denied her title over the property alleging that the property stands in the name of her mother, the petitioner filed IA.No.919/2015 to withdraw the suit with liberty to file a fresh suit for declaration of title or for partition and separate possession and for other consequential reliefs. After hearing both sides, the Trial Court dismissed the said interim application, against which the present revision is filed.

(3.) Mr.V.Prakash, learned Senior Counsel appearing for the petitioner would submit that the petitioner filed the said interim application in IA.No.919/2015 only to withdraw the suit in OS.No.405/2014 and to file a fresh suit in respect of the suit property for appropriate reliefs by invoking Order 23 Rule 1; but the trial court dismissed the said application by observing that the said application is barred under Order 2 Rule 2 and the petitioner has not reserved his right to file a comprehensive suit and obtained permission from the Court. Learned Senior counsel would submit that since the respondent/defendant attempted to encumber the suit property, the petitioner has filed the suit for injunction restraining her to encumber the said property and after filing of the written statement only, the petitioner came to know about the fact of the said property being settled in favour of the defendant's/respondent's mother. Therefore, the petitioner wants to file a comprehensive suit and that there is no necessity to file an application seeking for not claiming title to the property under Order 2 Rule 2 and the trial court, without considering the same, dismissed the said application, constraining the petitioner to approach this Court by way of filing the present revision.