PALANIYAPPAN Vs. VISWANATHAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the fair and decreetal order passed by the learned District Munsif Cum Judicial Magistrate, Thirumayam, in I.A.No.20 of 2017 in O.S.No.185 of 2010 dated 17.02.2017.

(2.) The fact of the case is that the respondent herein has instituted a suit in O.S.No.185 of 2010 for declaration and permanent injunction, wherein, after some rounds of litigation, when the matter was posted for judgment, the petitioner/defendant has filed an interlocutory application in I.A.No.20 of 2017, for re-opening the case, stating that he has to examine further witness as well as revenue authorities. The Trial Court, after careful consideration, has dismissed the petition. Aggrieved over the same, the present Civil Revision Petition came to be filed.

(3.) The learned Counsel for the petitioner would submit that he is in possession and enjoyment of the suit property and he has to prove the factum of possession. Therefore, he has filed the application for re-open, but the Trial Court, without appreciating the facts and circumstances, has dismissed the petition.