VIJAYAN Vs. KOLANDAIAMMAL

JUDGEMENT

(1.) THE Revision Petitioners/Respondents/Petitioners have filed the present Civil Revision Petition as against the order dated 12.06.2009 in I.A.No.563 of 2009 in O.S.No.743 of 2007 passed by the Learned Principal District Munsif, Salem.

(2.) THE Respondents/Petitioners/Plaintiffs have filed I.A.No.563 of 2009 under Order 6 Rule 17 and Section 151 of CPC praying permission of this Court to amend the Plaint as mentioned thereunder. In the affidavit in I.A.No.563 of 2009, the Respondents/Plaintiffs have among other things mentioned that the suit property consist of 1960 Sq.ft. of vacant land with a thatched house and asbestos shed bearing Door No.32. The property is situate in New T.S.No.15 and Old T.S. No.241. The Respondents/Plaintiffs before filing O.S.No.743 of 2007 have already filed a suit for declaration and permanent injunction in respect of the suit property against the Defendants to declare the right and title to the suit property and consequently, restraining the Defendants from interfering with the possession in O.S.No.2310 of 2004 on the file of the Additional District Munsif, Salem. The trial Court in O.S.No.2310 of 2004 has held that the father of the first defendant viz., Vaiyapuri, one of the Legal Representatives of Kundumaniammal is entitled to equal share like his mother -in -law Muniammal. As against the said Judgment and Decree passed by the Learned Additional District Munsif, Salem, A.S.No.73 of 2007 has been filed before the Learned Principal Sub Judge, Salem and the said Appeal has been dismissed on 31.12.2008, thereby, the trial Court Decree in O.S.No.2310 of 2004 has been affirmed.

(3.) THE Revision Petitioners/Respondents/Defendant in their detailed counter have averred that the Plaintiffs have no right whatsoever over the petition mentioned property and are not in possession of the same. Moreover, a similar suit between the same parties praying for the same relief and same cause of action have been projected in O.S.No.2310 of 2004 on the file of the I Additional District Munsif, Salem and the same has been dismissed on 01.02.2007 on merits. Subsequently, A.S.No.73 of 2007 has been preferred by the Plaintiffs and the same has been dismissed by the Learned Principal Sub Judge, Salem.