SHANTHI Vs. K. DEVARAJ

JUDGEMENT

(1.) The matter is heard through "Video Conferencing".

(2.) The petitioner is plaintiff in O.S. No. 35 of 2007 on the file of District Munsif Court, Harur. Originally, the petitioner filed suit for declaration and injunction against the 1st respondent and her maternal grandfather viz., Kannu. Pending suit, the 2nd defendant died. The respondents 2 to 6 were impleaded as defendants 3 to 7. The respondents are contesting the suit. The petitioner filed I.A. in the year 2011 for amendment of the plaint, seeking relief of possession, instead of injunction. According to the petitioner, when she and her husband were away to Madras in the year 2008, the 1st respondent encroached the suit property. After contest, I.A. was allowed and amendment was carried out. Trial commenced. The petitioner and respondents let in evidence and evidence was closed on both sides. The suit was posted for arguments. At this stage, the petitioner filed I.A. No. 115 of 2016 for amendment of the plaint to include the relief that cancellation of settlement deed dated 09.01.2007 executed by the 2nd defendant, her maternal grandfather is illegal and execution of settlement deed in favour of the 1 st respondent is void.

(3.) Against the said order of dismissal dated 10.08.2016 made in I.A. No.115 of 2016 in O.S. No. 35 of 2007, the petitioner has come out with the present Civil Revision Petition.