PADMAVATHY Vs. KARTHIKEYAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the order dated, 08.03.2016, passed in IA.No.504 of 2013 in OS.No.141 of 2010, by the District Munsif Court, Udhagamandalam.

(2.) The facts of the case, in a nutshell, are that the Plaintiff is the Petitioner herein and the Defendants are the Respondents herein. The suit was filed for permanent injunction, restraining the Defendants from continuing their construction in the B-Schedule property and for mandatory injunction to clear the encroachment in the B-Schedule property. The Petitioner has filed the the application to amend the plaint, by including the prayer for declaration of easement right to use the B-Schedule property to have ingress and egress to the A-Schedule property. Since the said application was dismissed by the impugned order, this Civil Revision Petition has been filed.

(3.) The learned counsel for the Petitioner has submitted that the proposed amendment is necessary to determine the controversy between the parties and for effective adjudication of the case and placed reliance on ( Lalitha vs. Selvaraj , 2006 2 CTC 24 ).