N NATARAJAN Vs. K ANANDAKUMAR

JUDGEMENT

(1.) THIS Civil Revision petition has been filed against the order, dated 3.8.2009, made in I.A.No.68 of 2009, in O.S.No.4070 of 2004, on the file of the II Additional District Munsif Court, Coimbatore.

(2.) THE petitioner in the present civil revision petition had filed the suit, in O.S.No.4070 of 2004, praying for a decree, to declare the compromise final decree passed by the Subordinate Judge, Coimbatore, on 29.10.1974, in I.A.No.323 of 1974, in O.S.No.65 of 1971, in respect of the property mentioned in item No.2, in Part-A of plaint schedule, in Rank No.2 of the final decree, as invalid, in so far as the petitioner is concerned and that it is not binding on the petitioner and his successors, and for the relief of permanent injunction restraining the first defendant, the respondent herein and his successors from interfering with the peaceful possession and enjoyment of the suit property, by the plaintiff and his legal heirs.

(3.) IN the counter statement filed by the petitioner it had been stated that the application filed by the respondent, praying for permission to receive the second additional written statement, is frivolous, vexatious and not sustainable in the eye of law. It had been stated that, as per the prayer in the plaint, the dispute is only as to the validity and the binding nature of the final decree, in so far as the petitioner was concerned and therefore, the filing of the additional written statement, at a belated stage, is not permissible.