SUBBAN Vs. VARADARAJAN

JUDGEMENT

(1.) The defendants 1 and 2 in O.S. No. 361 of 1994 are the revision petitioners in CRP No. 1421 of 2003. The first Plaintiff in the said suit is the revision petitioner in CRP No. 1417 & 1418 of 2003. The Plaintiffs have filed the suit for declaration to declare that the first plaintiff is entitled to take his tractors, lorries and bullock carts through the suit cart track portion marked as ABCDEFGH in yellow colour running in the suit S.No. 159 of Bommanpatti Village, Thiruchengode Taluk to reach his portion of lands situate in the suit S.NO.159 shown in the plaint rough plan and for other reliefs.

(2.) Pending suit, the plaintiffs filed I.A. No. 1124 of 1998 to withdraw the suit as against the defendants 3 to 5 which was opposed by the defendants 3 to 5. Later, the defendants 3 to 5 filed I.A. No. 489 of 2000 seeking permission of the Court for filing additional written statement/cross objection. The Plaintiffs filed another I.A. No. 1162 of 2002 for recording the compromise entered into between them with defendants 1 and 2. All the applications were taken up for hearing together by the trial court, common arguments were advanced by the counsel for both sides, however, the trial court, on 25-11-2002 passed separate orders dismissing the application I.A. No. 1124 of 1998 and I.A. No. 1162 of 2002 and allowed the application I.A. No. 489 of 2000 as prayed for with costs. Aggrieved by the orders passed in the above said three applications, the above revisions are filed.

(3.) The learned counsel appearing for both sides in the above revisions advanced common arguments, hence this common order is passed. For the sake of convenience, the parties are referred as arrayed in the suit.