MURUGAN Vs. KARUPPIAH

JUDGEMENT

(1.) THE petitioners are the defendants 3 to 6 in O.S.No.35 of 2004 on the file of the Additional District Munsif Court, Srivilliputtur. It is a suit for declaration that the third item in the plaint, i.e. pathway, belongs to both parties and also for permanent injunction restraining the defendants from putting up any construction in the said property.

(2.) THE petitioners filed an application in I.A.No.1713 of 2011 under Order 8, Rule 9 and under Section 151 C.P.C., to receive additional written statement on their side. In the affidavit, it is stated that during pendency of the suit, the plaintiffs ignoring the protests made by the petitioners put up construction on the pathway with measurements east-west by 28 feet and north-south 4 feet with a height of 2 feet. They also put up a bath room therein for which they are not entitled to it. The petitioners filed additional written statement to the effect that the plaintiffs should remove the superstructures on the pathway mentioned in the plaint.

(3.) AFTER considering the arguments of both sides, the learned District Munsif has dismissed the application by observing that the petitioners are not entitled to putforth counter-claim after the trial had commenced. This order is under challenge.