RAJAMMAL Vs. G. SUBRAMANIAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to set aside the fair and decretal order, dated 06.10.2007, passed by the learned Principal District Munsif, Srivilliputhur, in I.A. No. 817 of 2007 in O.S. No. 686 of 2004.

(2.) THE petitioners are the defendants 1 and 2, whereas the first respondent is the plaintiff and the second respondent is the third defendant in the suit in O.S. No. 686 of 2004 on the file of Principal District Munsif Court, Srivilliputhur.

(3.) THE first respondent filed I.A. No. 817 of 2007, for amendment of the plaint to include the prayer of mandatory injunction as the petitioners have put up the superstructure after dismissal of I.A. No. 570 of 2004. The first respondent sought this amendment due to the construction put up by the petitioners after filing of the suit and after dismissal of the application in I.A. No. 570 of 2004, for interim injunction. The petitioners filed counter affidavit stating that the amendment sought for will change the entire cause of action and new case is sought to be introduced. The first respondent did not state the extent of encroachment. Further, the first respondent, on earlier occasion, filed I.A. No. 88 of 2006 for the very same relief and the same was dismissed on 22.06.2006 and hence, the second application for the very same relief is not maintainable.