MOHAMMED HANIFA (DIED) & OTHERS Vs. SANKARANARAYANAN

JUDGEMENT

(1.) The respondent in A.S.No.142 of 2007, on the file of the learned Additional Sub-Court, Vridhachalam, is the Civil Revision Petitioner before this Court. Challenging the order passed in I.A.No.16 of 2010 in A.S.No.142 of 2007, on the file of the learned Additional Sub-Court, Vridhachalam, dated 09.02.2010.

(2.) The respondent/appellant has filed a suit in O.S.No.412 of 2000 against this petitioner/defendant for a declaration declaring that the plaintiff's title over the suit property and for consequential relief of permanent injunction. The suit was hardly contested by the defendants and by way of filing written statement, and the learned Principal District Munsif, Vridhachalam was dismissed the suit on 16.07.2007.

(3.) Challenging the said judgment and decree in O.S.No.412 of 2000 dated 16.07.2007, the respondent/appellant who is the plaintiff has filed an appeal before the learned Additional Subordinate Judge, Vridhachalam in A.S.No.142 of 2007. While pendency of the above appeal, the respondent/appellant who is the plaintiff has filed an application in I.A.No.16 of 2010 in O.S.No.412 of 2000 filed under Order 23 Rule 1(3)(b) CPC, permitting the appellant/ plaintiff to withdraw the original suit and permit the plaintiff to file another suit on the same cause of action. In the petition filed in I.A.No.16 of 2010, the plaintiff stating that the appellant/plaintiff may be permitted to withdraw the suit with liberty to file a fresh suit on the same cause of action.