V I YOCOOB Vs. BIG MOSQUE

JUDGEMENT

(1.) THE Petitioner is the Defendant in W.O.S. No.419 of 2007 on the file of the learned Principal Subordinate Judge, Coimbatore. The Respondent is the Plaintiff in the Suit. The Respondent/Plaintiff has filed the said Suit for a decree, to direct the Defendant to deliver vacant possession of the suit property to the Plaintiff. According to the Respondent/Plaintiff, the Plaintiff is a Mosque, which has let out the suit property to the Defendant for non-residential purpose on a monthly rent of Rs.1,520/-. Since, the Defendant has committed default in payment of rent, according to the Plaintiff, the Defendant is liable to be evicted from the suit property. In the Written Statement, the Defendant while disputing his liability as to the vacant possession has also stated that the Suit is not maintainable as the same is barred by limitation.

(2.) APPROPRIATE issues were settled and trial went on. Finally, the Suit was reserved for judgment. At that time, the Respondent herein filed an Interlocutory Application in I.A. No.453 of 2012, seeking to reopen the case for the purpose of enabling himself to file an Interlocutory Application to implead the Wakf Board as the second Plaintiff in the Suit. The said Interlocutory Application was allowed by the lower Court, by an Order dated 06.07.2012. Challenging the same, the Petitioner is before this Court with this Civil Revision Petition.

(3.) THE learned Counsel for the Petitioner would submit that the lower Court was not right in allowing the Interlocutory Application, after the case was reserved for judgment. The learned Counsel would further submit that the Interlocutory Application was filed only with a view to drag on the proceedings. He would further add that though, the Suit was pending from the year 2007, no steps were taken on time to implead the Wakf Board as a party to the Suit.