ANNASAMY PANDIAN Vs. V. RAJENDRAN AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed by the second defendant, aggrieved by the order permitting the plaintiffs to withdraw the suit and file a fresh suit on the same cause of action.

(2.) The plaintiffs had laid the suit for a bare injunction, restraining the defendants from interfering with the peaceful possession. The suit is filed in the year 2004. Now, the trial is over and the suit is posted for arguments.

(3.) The plaintiffs in I.A. No. 424 of 2014 had contended that in the suit, the description of the property with regard to the survey number is given as 192/09. But the defendants, while transferring the patta in their names had changed it as 192/14. The plaintiffs were not aware of the said change of survey number at the time of filing of the suit. During the pendency of the suit, the second defendant had mentioned the survey number as 192/14 in a settlement deed dated 21/9/2012 written in favour of his son. The said change of survey number came to the knowledge of the plaintiffs only during the pendency of the suit. Therefore, without changing the survey number, if the suit is proceeded with even in the event of success, the plaintiffs will not be able to enjoy the fruits of the decree.