ORDER : The defendants in a suit which was permitted to be withdrawn at the appellate stage with liberty to file a fresh suit are the petitioners before me. The suit was filed by the plaintiff for a declaration and injunction on the averments inter alia, that in an earlier partition suit wherein there was a compromise decree Ex. A-2 the suit property fell to the share of the plaintiff, and that while the plaintiff had been in separate and exclusive possession of the same, the defendants without any right threatened to cut and carry away the crops. According to the defendants amongst other pleas it was contended that the suit property was not divided. The trial Court came to the conclusion that the plaintiff had failed to prove his exclusive right to the properly In the plaint, the suit properties are given survey numbers. In correlating it with a compromise decree the plaintiff referred to an item of the extent of 8 acres and 37 cents shown as Sowdabavi Kindamadi east of the Sowdabavi well. The trial Court came to the conclusion that this item on its view of the evidence was in Konda palayam village whereas according to the plaintiff the suit property was in Karikal villag