MANGAYARKARASI Vs. SUSEELA

JUDGEMENT

(1.) Plaintiff in O.S. 230 of 1996 on the file of District Munsif Court, Hosur is the revision petitioner herein.

(2.) Petitioner is aggrieved by the order in I.A. 220 of 1999 an application filed by him whereby he wanted direction against Respondents 1 and 2 to file their counter- statement to I.A. 785 of 1998 in the suit by complying Order 6, Rules 14 and 15 of Code of Civil Procedure.

(3.) The material facts which necessitated filing of such application could be summarised thus: The suit filed by plaintiff was one for grant of decree for permanent prohibitory injunction restraining defendants and their men from interfering with plaintiff's possession and enjoyment of suit property until the plaintiff is evicted by due process of law. According to plaintiff, she entered into a contract of sale on 26-10-1985. In part performance of that contract, she was put in possession of scheduled property. According to her, time is not essence of the contract. While she was in possession, Respondents 1 and 2 committed trespass in the suit property and they attempted to dispossess petitioner and under those circumstances, she filed the suit for permanent prohibitory injunction.