KARUPPAYEE Vs. PALANISAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 11.11.2009 made in I.A.No.354 of 2009 in O.S.No.12 of 2007 on the file of District Munsif cum Judicial Magistrate, Kodumudi.

(2.) Respondents 1 to 3 are the plaintiffs. The petitioner is the first defendant. Respondents 4 to 13 are the defendants 2 to 11 in the suit. The respondents 1 to 3/plaintiffs have filed a suit in O.S.No.12 of 2007 before the District Munsif-cum-Judicial Magistrate, Kodumudi, seeking following prayer:

(3.) The learned counsel appearing for the petitioner/first defendant submitted that the trial Court erred in allowing the application filed by respondents 1 to 3 on the date of judgment without reopening the suit or scrapping the reports of the Commissioner, which were filed earlier. He further submitted that when the trial Court posted the matter on 29.9.2009 for judgment, the respondents 1 to 3/plaintiffs filed the above said I.A., which clearly shows their intention to delay the trial proceedings. He also contended that the same Commissioner has categorically given details in his earlier reports and without scrapping the said reports, the trial court has wrongly allowed the present application. He also relied on the following judgments to support of his contention: