KALIAMMAL Vs. R MUTHUSAMY GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 13.7.2009, made in I.A.No.1597 of 2008, in O.S.No.50 of 2002, on the file of the District Munsif Court, Tirupur.

(2.) The petitioners in the present Civil Revision Petition had filed the suit, in O.S.No.50 of 2002, on the file of the District Munsif Court, Tirupur, to direct the defendants to deliver vacant possession of the suit properties to the plaintiffs, within the time set by the Court and on default thereof, to put the plaintiffs in possession of the suit property and for a permanent injunction to restrain the defendants and others, in any way, damaging, altering or committing act of waste, in respect of the suit properties.

(3.) The defendants in the suit are the respondents herein. The petitioners had filed an interlocutory application, in I.A.No.1597 of 2008, under Order 8 Rule 9, read with Section 151 of the Civil Procedure Code, 1908, seeking permission of the trial court to file a reply statement. The petitioners had filed the suit based on a registered Will executed by their father. However, the defendants in the suit, who are the respondents herein, had denied the execution of the Will. In such circumstances, the petitioners had filed the interlocutory application for filing a reply statement denying the allegations made in the written statement filed by the respondents, in the said suit.