VELU GOUNDAR Vs. JANARTHANAM

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the Fair and Decreetal Order dtd. 16/11/2022 passed in I.A.No.1 of 2022 in O.S.No.106 of 2008 on the file of District Munsif, Gudiyattam.

(2.) The revision petitioner is the plaintiff, who instituted a Suit for Delivery of Possession. The Suit was instituted in the year 2008, which is pending for the past about 14 years. After a lapse of about 12 years, the revision petitioner / plaintiff filed an Interlocutory Application in I.A.No.1 of 2022 to amend the plaint under Order VI Rule 17 of the Civil Procedure Code. The plaintiff sought for the relief to delete Item No.3 of the Suit Scheduled Property from the plaint, which is a Government poramboke land. If at all it is a Government poramboke land, it is for the Competent Authorities of the Government to initiate appropriate action to evict the encroachers by invoking the provisions of the Tamil Nadu Land Encroachments Act, 1905 or under the provisions of any other relevant statutes.

(3.) As far as the plaintiff is concerned, the Interlocutory Application to amend the plaint is filed after a lapse of about 12 years from the institution of the Suit for Delivery of Possession and the Trial has already commenced in the Suit and the Suit was posted for cross of DW1 during the relevant point of time, when the Interlocutory Application was decided on 16/11/2022.