Devaraj vs Rajeswari on 27 April, 2015
11.On facts, the learned counsel for the petitioner has drawn the attention of this court to the Supreme Court decision in JT 1999 (2) SC 468 (R.Rathinavel Chettiar and another v. V.Sivaraman and others) and also to the judgment of the learned single judge of this Court reported in (2006) 4 MLJ 919 (Murugesan v Alamelu Ammal and others) in support of her contention that withdrawal of the suit, where the rights of the parties with regard to any of the matters in controversy in the suit has been finally decided, with liberty to file fresh suit at the appellate stage is likely to deprive the defendant of the findings rendered by the trial court. This Court cannot dispute the principle laid down by Apex Court and our High court in the decisions cited supra. However, the same are not applicable to the facts and circumstances involved herein.