1. The present Civil Revision Petition is directed against order of the learned Additional District Munsif, Madurai Town dated 25.8.2005, in I.A. No. 955 of 2004 in O.S. No. 1258 of 1995.

2. The petitioner herein and the 2nd respondent herein filed the Suit in O.S.No.1258 of 1995 against the first respondent herein on the file of the Additional District Munsif, Madurai Town for declaration that they are entitled to the suit property and in consequence, restraining the respondent by means of permanent injunction from interfering with their possession and enjoyment of the Suit property by making further construction. In the said Suit, I.A. No. 955 of 2004 has been filed for withdrawal of the Suit with liberty to institute a fresh Suit in respect of the subject matter of the Suit. The same has been dismissed by the learned Additional District Munsif, Madurai Town and the said order is under in the present Civil Revision Petition.

3. The averments set forth in the affidavit filed in support of the said Application under Order 23, Rule 1(3) and Section 151, C.P.C. for withdrawal of the said Suit are extracted below:

“The respondent/defendant had filed a Written Statement claimi