JUDGMENT :

R. THARANI, J.

Prayer: This Civil Revision Petition has been filed under Article 227 of Civil Procedure Code, to set aside the fair and decreetal order dated 25.01.2018 in I.A. No. 38 of 2017 in A.S. No. 14 of 2015 on the file of the learned Subordinate Judge, Kulithurai.

1. This petition has been filed to set aside the order in I.A. No. 38 of 2017 in A.S. No. 14 of 2015 dated 25.01.2018, on the file of the learned Subordinate Judge, Kulithurai.

2. The petitioner herein is the plaintiff and the respondent herein is the defendant in the suit. The revision petitioner herein has filed a suit in O.S. No. 155 of 2009 for permanent injunction. The suit was dismissed by the learned District Munsif, Kulithalai. Against the same, the petitioner herein has filed an appeal in A.S. No. 14 of 2015. Pending appeal, the petitioner herein has filed an application in I.A. No. 38 of 2017 before the learned Sub Judge, Kulithalai, to permit the petitioner herein to withdraw the suit and the appeal suit with liberty to file a fresh appeal suit on the same cause of action.

3. Brief substance of the petition in I.A. No. 38 of 2017 reads as follows:

The petitioner is the plaintiff and the suit was di