C.JAGADEESAN Vs. T.BASKARAN

JUDGEMENT

(1.) Aggrieved over the order dtd. 7/7/2014 in I.A.No.849 of 2013 in O.S.No.248 of 2011, passed by the learned I Additional District Munsif, Salem, the petitioner, who is the plaintiff in the above referred suit, filed the present Civil Revision Petition.

(2.) Before the trial Court, the petitioner herein filed the above referred suit in O.S.No.248 of 2011, and sought for the relief of permanent injunction restraining the defendant and his agent from any way interfering with his possession and in enjoyment of the suit schedule property.

(3.) During the pendency of the suit on 19/8/2013, the petitioner filed an application under Order 23 Rules 1 and 3 of C.P.C., and sought for the relief to withdraw the said suit with liberty to file a fresh suit on the same cause of action. The said application was assigned with the case number as I.A.No.849 of 2013 and thereafter the learned I Additional District Munsif, Salem, after affording opportunity to the respondent, by an order dtd. 7/7/2014, dismissed the application filed by the petitioner by observing that in the report filed by the Advocate Commissioner, he has not stated anything about the existence of the cart track, which was the subject matter of the suit filed by the petitioner. Further he has observed that since the order of status- quo has already been granted, there is no necessity for granting liberty to the petitioner for filing another suit based on the same cause of action. Aggrieved over the said findings the petitioner is before this Court with this Civil Revision Petition and prayed to set aside the order dtd. 7/7/2014.