JUDGMENT :

D. BHARATHA CHAKRAVARTHY, J.

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decree, dated 08.09.2016 made in I.A. No. 92 of 2015 in O.S. No. 212 of 2008, on the file of the District Munsif Court, Sholinghur, by allowing the present Civil Revision Petition.

1. This Civil Revision Petition is filed against an order dated 08.09.2016 passed in I.A. No. 92 of 2015 in O.S. No. 212 of 2008, on the file of the District Munsif, Sholinghur, whereby, the learned District Munsif had refused an application filed by the plaintiff under Order XXIII Rule 1, for withdrawing the suit with liberty to file fresh suit.

2. The plaintiff has filed the above suit for declaration of his right and title over the suit properties and for consequential permanent injunctions. The plaintiff-s case is that the suit properties were his ancestral properties and he had partitioned the properties with his brothers, originally by a koorchit, dated 25.08.1964, followed by a registered partition deed, dated 26.02.1974.

3. The case of the defendants is that the properties belonged to their paternal grand father P. Veerasami Reddi, and after his life