GANAPATHY Vs. KANDASAMY

JUDGEMENT

(1.) CHALLENGING the order of dismissal passed by the learned District Munsif, Kovilpatti, dated 10. 03. 2004, made in T. A. No. 160 of 2004 in O. S. No. 205 of 2000, the petitioners who are the plaintiffs 2 to 6 in the said Suit have come forward with this Revision.

(2.) ORIGINALLY, the, plaintiffs have filed the above Suit with a prayer to set aside the sale dated 22. 04. 2000, in an Execution Proceedings in E. P. No. 85 of 1990 in O. S. No. 146 of 1981, on the file of the learned District Munsif, Kovilpatti. Subsequently, the plaintiffs have filed I. A. No. 160 of 2004, seeking to amend the plaint to include the prayer for recovery of possession, which was resisted by the defendants. The lower Court has dismissed the said interlocutory Application. Challenging the same, this Civil Revision Petition has been filed.

(3.) ADMITTEDLY, a Suit in O. S. No. 146 of 1981, was filed previously and the same was decreed. The matter was taken up on Appeal and the Appeal was dismissed confirming the decree. Thereafter, E. P. No. 85 of 1990 was filed and the same was pending on the said Court. One Mariammal has filed O. S. No. 205 of 2000, for setting aside the sale in the above E. P. No. 85 of 1990. Since Mariammal died, the petitioners herein were added as her legal representatives. During the pendency of the Suit in O. S. No. 205 of 2000, delivery of the property was effected in execution of the decree in O. S. No. 146 of 1981 on 11. 11. 2003. Since, the petitioners were dispossessed on 11. 11. 2003, they have filed LA. No. 160 of 2004, to add the prayer for recovery of possession also in the Suit.