DEIVANAI Vs. MUTHU

JUDGEMENT

(1.) These Civil Revision Petitions are directed against the orders passed in I.A.No.8 of 2017 and I.A.No.156 of 2018 in A.S.No.10 of 2017, dtd. 20/11/2020, on the file of the Subordinate Court, Aranthangi, receiving the additional evidence under Order 41 Rule 27 CPC.

(2.) The revision petitioners are the respondents/plaintiffs. One Venkatachaladevar, as sole plaintiff filed the suit in O.S.No.416 of 2003 before the Subordinate Court, Pudukkottai against the respondent/appellant/defendant, claiming the reliefs of mandatory injunction, recovery of possession and for permanent injunction and subsequently, on the point of pecuniary jurisdiction, the suit was transferred to the file of the District Munsif Court, Aranthangi and the same was taken on file in O.S.No.154 of 2004. Pending suit, the sole plaintiff had died and hence, his legal representatives/revision petitioners herein got themselves impleaded as plaintiffs 2 to 5. After trial, the learned District Munsif has passed the judgment on 6/10/2009, decreeing the suit as prayed for. Aggrieved by the said judgment and decree, the defendant has preferred an appeal in A.S.No.33 of 2010 on the file of the Subordinate Court, Pudukkottai and that subsequently, the appeal was transferred to the file of Subordinate Court, Aranthangi and the same was taken on file in A.S.No.10 of 2017 and the same is pending.

(3.) During the pendency of the appeal before the Subordinate Court, Pudukkottai, the defendant has filed two applications in I.A.No.452 of 2012 and I.A.No.187 of 2013 for reception of additional evidence under Order 41 Rule 27 CPC. Subsequently, the said applications were also transferred to the Subordinate Court, Aranthangi and the same were taken on file in I.A.No.156 of 2018 and I.A.No.8 of 2017, respectively.