RANGASAMY GOUNDER Vs. TIRUMOORTHY

JUDGEMENT

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

(2.) The petitioners are defendants 1 to 6, 8 and 9 in O.S. No.112 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Perundurai. The respondent filed the said suit for injunction restraining the petitioners from his peaceful possession and enjoyment of the suit cart track or obliterating the same by the petitioners. The petitioners filed written statement on 03.01.2010. Trial commenced. When the suit was posted for cross-examination of P.W.1, the petitioners filed I.A. No.20 of 2015 to file additional written statement. According to the petitioners, at the time of written statement, certain vital facts were omitted to be mentioned and unless the petitioners are permitted to file additional written statement, they will be put to irreparable loss and hardship. The respondent filed counter affidavit and contended that the petitioners have filed said I.A. after taking number of adjournments for cross-examination and after six years of filing written statement, only with a view to prolong the suit and prayed for dismissal of the petition. The learned Judge considering the averments in the affidavit, counter affidavit and arguments of counsel for parties, dismissed the I.A.

(3.) Against the said order of dismissal dated 14.12.2016 made in I.A. No. 20 of 2015 in O.S. No.112 of 2009, the petitioners have come out with the present Civil Revision Petition.