P. PUNITHAN Vs. MARIYA JESUDASAN

JUDGEMENT

(1.) The Civil Revision is directed against the order passed in I.A.No.1 of 2020 in O.S.No.284 of 2012 dated 11.03.2020 on the file of the Court of the Additional District Munsif, Valliyoor, dismissing the petition filed under Order 16 Rule 1 CPC.

(2.) The revision petitioner is the 3rd defendant and the respondents 3 and 4/plaintiffs have filed a suit in O.S.No.284 of 2012 against the revision petitioner, the respondents 1 and 2 herein and one Anthoniammal claiming the reliefs of declaration that the items 1 and 2 of the suit properties are owned by the plaintiffs 1 and 2 respectively and for permanent injunction, restraining the defendants and their agents and men from any manner interfering with the peaceful possession and enjoyment of the same and to declare that the settlement deed dated 04.08.2011 executed by the first defendant infavour of the second defendant and the sale deed dated 24.08.2011 executed by the third defendant as power agent of the second defendant infavour of the fourth defendant are legally invalid and not binding on the plaintiffs.

(3.) When the suit was pending for the defendants side further evidence, the above petition in I.A.No.1 of 2020 came to be filed under Order 16 Rule 1 of CPC, directing the Tashildar of Radhapuram to produce the records and adduce evidence and the learned District Munsif, after enquiry, has dismissed the said petition vide order dated 11.03.2020. Though the said application was filed by the defendants 2 to 4, the third defendant alone has filed the present revision petition, challenging the said order.