J R ARUN KUMAR Vs. K BOOPALAN

JUDGEMENT

(1.) Since the issue involved in both the Civil Revision Petitions are one and the same, a common order is being passed to dispose off these two Civil Revision Petitions. The defendants in O.S. No. 4312 of 2007 are the revision petitioners in both the Civil Revision Petitions and the respondent in both the Civil Revision Petitions is the plaintiff in the suit.

(2.) For the sake of convenience, the parties are referred to herein as per their rankings in the suit.

(3.) O.S. No. 4312 of 2007 was filed by the plaintiff for the relief of permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit schedule property. Written statement was filed by the defendants on 30.08.2007. Plaintiff as P.W. 1 let in evidence on 10.12.2007 by filing an affidavit and marking documents, namely, Exs. A1 to A29. He was cross-examined on 13.12.2007 and the cross was completed on 02.06.2008. In April 2009, the plaintiff filed I.A. Nos. 6547 and 6548 of 2009. I.A. No. 6547 of 2009 filed by the plaintiff under Order I Rule 10 CPC to implead third parties as proposed defendants in the suit and I.A. No. 6548/2009 was filed by the plaintiff to amend the pleadings in the plaint in the suit under Order VI Rule 17 CPC. A common counter affidavit was filed by the defendants opposing these two applications. The trial court in and by order dated 19.11.2009, by a common order, allowed the two applications. Aggrieved over the same, the defendants have filed the above Civil Revision Petitions for the aforesaid prayer.