S DAVE JEYASELVAN Vs. M P PONRAJ

JUDGEMENT

(1.) This petition is filed to set aside the fair order and decreetal order passed in the Amendment application in I.A.No.533 of 2016 in O.S.No.5734/2013 by learned VI Assistant Judge, City Civil Court at Chennai dated 06.02.2017.

(2.) The petitioner is the plaintiff and the respondent is the defendant. The petitioner filed the suit for permanent injunction restraining the respondent from dispossessing and interfering with his peaceful possession and enjoyment, usage and occupation of the suit schedule property by the respondent and his family members, without following the due process the law. The respondent filed written statement on 25.11.2013 and is contesting the suit.

(3.) The petitioner has claimed relief of injunction, in respect of entire property measuring 1 ground and 1588 square feet together with building measuring about 4000 Square feet. Subsequently, he filed I.A.No.1983 of 2015 for amendment to restrict his claim with respect first and second floor alone. According to the petitioner, the respondent is residing in the ground floor and petitioner is the permissive occupant of first and second floor and he has put up additional construction by spending considerable amount with the permission of the respondent. The said application in I.A.No.1983 of 2017 was dismissed on 17.04.2015. The petitioner filed CRP(PD)No.2382 of 2015 before this Court. The said Civil Revision Petition was dismissed by this Court on 26.06.2015. Subsequently, the petitioner filed I.A.No.15685 of 2014 for appointment of Advocate Commissioner. The said application was allowed and the commissioner inspected the suit property and filed his report. After receipt of the said report, the petitioner filed I.A.No.533 of 2016 under Order VI Rule 17 CPC to allow the amendment sought for, to include the petition mentioned properties, incorporating the various amendments sought for in the earlier application which was dismissed and confirmed by this Court in order dated 26.06.2015 in CRP(PD)No.2382 of 2015.