1. Heard both the learned counsel appearing for the petitioner as well as the respondents.

2. This revision has been preferred challenging the order, dated 14.02.2008 made in I.A.No.202 of 2006 in O.S.No.636 of 1997 on the file of the District Munsif-cum-Judicial Magistrate, Perunthurai.

3. It is an admitted fact that the petitioner is the mother of the contesting first respondent. The suit was filed by the petitioner / plaintiff against her son, the first respondent herein, seeking for partition and separate possession of the suit schedule property. When the suit was pending before the Court below, the petitioner / plaintiff filed a memo, dated 22.11.2001 before the Court below, seeking withdrawal of the suit. In the aforesaid memo, the petitioner has stated that considering the partition that had taken place on 01.08.1996 and also the welfare of her son, the first respondent herein, she wanted to withdrew the suit and prayed the Court below to dismiss the suit filed by her without costs.

4. The Court below, considering the facts and circumstances, recorded the memo filed by the petitioner / plaintiff and dismissed the suit, as prayed for by the petitioner, by order, dat