M SATHISHAKAR Vs. LALITH KUMAR

JUDGEMENT

(1.) The defendants filed the present writ petition against the order dated 03.11.2017 on I.A.No.6 made in O.S.No.320/2011 allowing the application filed by the plaintiff under Order 6 Rule 17 r/w Section 151 of Code of Civil Procedure for amendment of plaint with cost of Rs.1,000/-.

(2.) The respondent, who is the plaintiff before the trial Court filed O.S.No.320/2011 for permanent injunction against the defendants in respect of vacant site No.27 measuring East-West 30 feet North-South 40 feet morefully described in the schedule to the plaint contending that he is the owner in possession of the suit schedule property. The defendants are utter strangers to the suit schedule property and they have no right title possession over the suit property. Hence, filed suit for the relief sought for.

(3.) The defendants filed written statement and denied the plaint averments and contended that the suit filed by the plaintiff for injunction seeking declaration is not at all maintainable. They further contended that the defendant is in possession and enjoyment of the written statement schedule property i.e., site No.38 measuring [1] morefufeet described in the written statement schedule property and sought for dismissal of the suit.