MARAKKAL Vs. MARAN

JUDGEMENT

(1.) The Petitioners/Plaintiffs have filed the present Civil Revision Petition as against the order dated 17.03.2011 in I.A.No.321 of 2011 in O.S.No.136 of 2008 passed by the Learned District Munsif, Sathyamangalam.

(2.) The Learned District Munsif, Sathyamangalam, while passing the order in I.A.No.321 of 2011 in O.S.No.136 of 2008 on 17.03.2011, in paragraph 11, has specifically observed that the relief sought for by the Petitioners (Revision Petitioners/Plaintiffs) is in the nature of changing the cause of action and further, only after framing the additional issues, the Petitioners have averred that they have to amend the Plaint which in effect will create a new cause of action and also that when the suit has been posted for enquiry in regard to the additional issues, the Application filed by the Petitioners is not bona fide and resultantly, dismissed the Application as belated one, without costs.

(3.) The Learned Counsel for the Revision Petitioners/Plaintiffs submits that in the main suit O.S.No.136 of 2008 filed by the Revision Petitioners/Plaintiffs seeking the relief of permanent injunction against the Respondents/Defendants, arguments have been heard on both sides by the trial Court and Judgments was reserved on 02.02.2011. However, the trial Court has suo motu reopened the main Suit O.S.No.136 of 2008 on 15.02.2011 and on that day, it has framed two additional issues to the effect that (i)without seeking the relief of declaration, the filing of the suit by the Plaintiffs whether it is maintainable? (ii)Whether the Plaintiffs are in possession of suit properties? Thereafter, on 03.03.2011, the Revision Petitioners/ Plaintiffs have filed I.A.No.321 of 2011 seeking amendment of Plaint in regard to declaratory relief viz., that they are the absolute owners of the suit properties.