PELAKSHIN NIRMALA Vs. U JAYANTHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 27.06.2012 passed in I.A.No.251 of 2012 in O.S.No.67 of 2004 on the file of the District Munsif Court at Thiruvotriyur.

(2.) The petitioners are the defendants and the respondents are the plaintiffs in the suit in O.S.No.67 of 2004 on the file of District Munsif Court, Tiruvotriyur. The respondents filed the suit for declaration and consequential relief of permanent injunction restraining the petitioners from interfering with the respondents' possession and enjoyment of the suit property. The petitioners filed written statement on 07.09.2004 denying the claim of the respondents and are contesting the suit. The respondents filed I.A.No.251 of 2012 for amendment of the plaint to include the prayer of recovery of possession.

(3.) According to the respondents, they filed I.A.No.372 of 2004 for interim injunction. They could not produce the sale deed dated 23.12.1912 and the original patta and they produced only the xerox copy of the sale deed at the time of hearing. The said interlocutory application was dismissed. Against the said order of dismissal, the respondents filed CMA No.9 of 2007 before Sub Court, Ponneri and the same was also dismissed. Thereafter, the respondents filed CRP (PD) No.2210 of 2011 before this Court against the order passed in CMA No.9 of 2007. This court, while disposing of the CRP, permitted the respondents to file necessary application for marking of documents. Taking advantage of the dismissal of I.A.No.372 of 2004, the petitioners, trespassed into the suit property. By way of abundant action and to avoid multiplicity of proceedings, the respondents have filed application for amendment to include the prayer of recovery of possession.