ORDER :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the fair and decreetal order dated 23.11.2022 passed by the learned Additional District Munsif, Tirumangalam, in I.A.No.6 of 2022 in O.S.No.592 of 2012 and set aside the same.)

The petitioners, as plaintiffs, have filed a suit in O.S.No.592 of 2012 before the Additional District Munsif Court, Tirumangalam, for declaring the suit property as a common road and for other reliefs. Pending the suit, they moved an interlocutory application in I.A.No.6 of 2022 under Order XXIII Rule 1(3) CPC to withdraw the suit with liberty to file a fresh suit, in case of necessity. The trial Court, by order dated 23.11.2022, dismissed the application with costs and aggrieved over the same, the petitioners have moved the instant revision petition.

2. According to the petitioners, only at the end of the trial, they came to know about the judgment passed in O.S.No.655 of 2017 on the file of the Sub Court, Tirumangalam, instituted by the second respondent herein, wherein the very same suit schedule property was declared as a common road. Therefore, the petitioners sought to withdra