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2024 Supreme(Online)(MAD) 42094

HIGH COURT OF MADRAS
V. Lakshminarayanan, J
M.Gnaneswaran – Appellant
Versus
V.Saravanan – Respondent


Advocates:
Mr.R.Jayaprakash

ORDER

This civil revision petition arises against the order of the learned Principal District Judge at Krishnagiri in I.A.No.1 of 2023 in unnumbered suit of 2023 (presently numbered as O.S.No.157 of 2024) dated 28.03.2024.

2. The civil revision petitioners are the defendants 1 and 2 to the suit. Between the very same parties, a suit had been presented in O.S.No.90 of 2016 before the learned District Munsif cum Judicial Magistrate at Pochampalli. The said suit was sought to be withdrawn with liberty to file a fresh suit on the same cause of action. Accordingly, an application in I.A.No.275 of 2017 was filed in O.S.No.90 of 2016. The said application was allowed by the learned District Munsif cum Judicial Magistrate on 28.11.2019. The learned District Munsif permitted the withdrawal of the suit with liberty to 2/8 file a fresh suit on the same cause of action on the condition that the plaintiffs pay the defendants a sum of Rs.2,500/-. The plaintiffs tendered the sum to the defendants but the defendants refused to accept the same. So the cost was deposited to the credit of the suit and consequently the application stood allowed.

3. Taking note of the fact that the conditional order passe

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