AYYAVU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Civil Revision Petitioners/Petitioners/Plaintiffs have filed the present Civil Revision Petition as against the order dated 07.12.2009 in I.A.No.196 of 2009 in O.S.No.383 of 2008 passed by the Learned Principal District Munsif, Erode.

(2.) THE trial Court, while passing order in I.A.No.196 of 2009 dated 07.12.2009, has, inter alia, observed that when the suit came up for trial in the list, the Revision Petitioners/Plaintiffs have projected this petition to implead the proposed parties stating that they have indulged in unlawful activities. Also, the trial Court has further opined that the cause of action mentioned in the Plaint is that on 17.06.2008 the 5th Respondent came and unlawfully threatened the Revision Petitioners/Plaintiffs to form the cart track in the suit properties and moreover, on 01.09.2008, the proposed parties came and obliterated the physical features that exist on the suit property and therefore, this Court finds that both the cause of action on the Respondents 1 to 5 and the proposed parties are entirely different and that cannot be clubbed together by allowing this petition etc. and resultantly, dismissed the application for impleading the proposed parties with costs.

(3.) LASTLY, it is the contention of the Learned Counsel for the Revision Petitioners/Plaintiffs that the trial Court ought to have allowed I.A.No.196 of 2009 so as to put an end to the dispute relating to the suit property once and for all without harping on technicalities.