MEENAKSHI Vs. AYYAR

JUDGEMENT

(1.) The Civil Revision is directed against the order passed in I.A.No.2 of 2020 in O.S.No.75 of 2016, dtd. 20/1/2021, allowing the petition filed under Order 16 Rule 10(3) of the Code of Civil Procedure.

(2.) The revision petitioner is the plaintiff and she filed the suit in O.S.No.75 of 2016, against the first defendant and one Alagumalai, claiming the relief of declaration that the suit property belongs to the plaintiff and for consequential permanent injunction restraining the defendants and their men from in any way interfering with the plaintiff's peaceful possession and the enjoyment of the suit property and also for mandatory injunction for removal of the wall constructed by encroaching upon the suit property. The defendants have filed their written statement and are contesting the suit.

(3.) It is evident from the records that the plaintiff has been claiming title to the suit property on the basis of a Will, dtd. 22/5/2007 alleged to have been executed by her mother-in-law Radha and that the plaintiff, after examining herself as P.W.1, had examined two attesters of the said Will namely Balusamy and Rani as P.W.2 and P.W.3 respectively and thereafter, plaintiff side evidence was closed.