P.VITHYAVATHI Vs. K.ASHOK

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dtd. 7/10/2016 passed in I.A.No.8065 of 2016 in O.S.No.1193 of 2013 on the file of XIV Assistant, City Civil Court, Chennai.

(2.) The learned Counsel submitted that, Revision Petitioner is the Plaintiff in the Suit. The Suit in O.S.No.1193 of 2013 has been filed for praying judgment and decree in: (a) Directing the defendant to hand over the vacant possession of the property measuring about 300 Sq.ft in ground floor in the suit schedule property. (b) Directing the defendant to pay a sum of Rs.5000.00 per month towards damages for the occupation of the suit schedule property from the date of passing of judgment and decree dtd. 5/10/2010 in O.S.No.2400 of 2008 which is aggregating to the sum of Rs.1,40,000.00 and future damages till the date of handing over vacant possession of the suit schedule property. (c) Directing the defendant to pay the Cost of the suit.

(3.) The written statement in the above suit has been filed by the respondent/defendant in the month of February 2015 and at present the suit is in trial/part heard stage. The proof affidavit was also filed by the petitioner/plaintiff on 2/3/2016. The petition under Order VII, Rule 9 of CPC to receive the additional written statement has been filed by the respondent/defendant on 21/3/2016, after a period of one year of filing the written statement. The suit was posted for cross examination on 25/4/2016, 3/6/2016 and 21/6/2016 and that the present application has been filed with an ulterior motive to procrastinate the proceedings.