ORDER :

This Civil Revision Petition is directed as against the fair and decreetal order dated 14.02.2017 passed by the learned Sub Judge, Tambaram in I.A.No.166 of 2016 in A.S.No.32 of 2014, thereby allowing the first respondent to withdraw the suit with liberty to file fresh suit.

2. The first respondent is the plaintiff and the petitioner is the fifth defendant in the suit in O.S.No.244 of 2010 filed by the first respondent for the following prayers :-

"a. For declaration to declare that Power of Attorney dated 15.10.1991 executed by the 1st and 2nd defendant along with their father Subramani in favour of the third defendant duly registered as Document No.802/1991 in the Office of the Sub Registrar, Tambaram, in respect of the suit B schedule property as null and void, not acted upon and not binding on the plaintiff;

b. For a declaration to declare that the sale deed dated 03.06.1994 executed by the 3rd defendant in favour of the 4th defendant, registered as Document No.1911/1994 in the office of the Sub Registrar, Tambaram in respect of the suit B schedule property as null and void, not acted upon and not binding on the plaintiff;

c. For a declaration to declare that the sale deed dated 11.04.1997 executed by the 4th defendant in favour of the 5th defendant, registered as Document No.194/1997 in the Office of the Sub Registrar, Tambaram in respect of the suit B schedule property as null and void, not acted upon and not binding on the plaintiff;

d. For consequential injunction restraining the 5th defendant, her men, agents and any other person or persons claiming through her from in any manner alienating or encumbering the suit B schedule property to any other third party;

e. for declaration to declare that the patta (patta No.1992) issued by the 7th defendant in favour of the 5th defendant as null and void.

g. To direct the defendants to pay the costs of the suit to the plaintiff; and

h. To grant such other relief or reliefs as this Honourable Court may deem fit and proper and thus render justice."

After full-fledged trial, the suit filed by the first respondent was dismissed by the trial Court. Aggrieved by the same, the first respondent filed appeal suit before the first appellate Court in the year 2014 in A.S.No.32 of 2014. After the period of two years, the first respondent filed petition in I.A.No.166 of 2016 seeking permission to withdraw the appeal suit with liberty to file fresh suit for declaration and possession for the very same property. The same was allowed by the first appellate Court and aggrieved by the same the present Civil Revision Petition.

3. The learned counsel appearing for the petitioner would submit that without stating any sufficient reasons or grounds and also without any formal defect in the suit filed by the first respondent herein, he filed petition to withdraw the appeal suit with liberty to file fresh suit. The first respondent filed suit for declaration declaring that Power of Attorney dated 15.10.1991 and subsequently sale deeds dated 03.06.1994 and 11.04.1997 and also the patta issued in respect of the suit property as null and void and for consequential injunction restraining the fifth defendant from alienating or encumbering the suit property. The trial Court framed issues in respect of the prayer sought for by the first petitioner herein and after elaborate discussion of all the issues, the trial Court dismissed the suit. Therefore, the first respondent filed appeal suit in the year 2014 and while pending the appeal suit, after the period of two years, the first respondent filed petition in I.A.No.166 of 2016 for seeking permission to withdraw the appeal with liberty to file fresh suit for declaration and possession in respect of very same property. The appellate Court allowed the said petition for the reasons that the trial Court held that without deciding the title of the property the clear adjudication cannot be arrived as claimed by the first respondent herein.

3.1. He further submitted that