K.BALAMURUGAN Vs. B.JAYACHANDRAN

JUDGEMENT

(1.) These Civil Revision Petitions are filed against the fair and decreetal order dtd. 12/4/2017 made in I.A.Nos.1111 & 1112 of 2017 in O.S.No.289 of 2017 on the file of the Principal District Munsif, Poonamallee, thereby dismissing the petition seeking amendment of plaint and to implead the third respondent as proposed defendant in the suit.

(2.) The revision petitioner is the plaintiff and the respondents 1 and 2 are the defendants in the suit filed by the petitioner for bare injunction. Though, initially an interim injunction was granted in favour of the petitioner, subsequently the order of injunction was vacated. Thereafter, the first respondent gifted the suit property in favour of the Chennai Metropolitan Development Authority, Chennai. As if it belongs to the first respondent herein, he laid out a larger extent of the property. In fact, the first respondent also filed a Writ Petition in W.P.No.26204 of 2017 as if the petitioner, after obtaining interim injunction, he trespassed into the suit property and put up construction and as such prayed to remove the construction put up by the petitioner herein. Therefore, the petitioner filed a petition for seeking amendment of the plaint to include the prayer for declaration and recovery of possession in respect of the suit property.

(3.) That apart, admittedly, the first respondent gifted the suit property in favour of the third proposed defendant and as such the third respondent herein is the proper and necessary party to decide the suit. Without considering the facts, the Court below mechanically dismissed the petition.