VALLI Vs. KANDASAMY

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 03.12.2014 made in I.A. No. 716 of 2014 in O.S. No. 198 of 2005 on the file of the District Munsif Court, Sankari.

(2.) The petitioners are defendants 5 and 6 and respondent is plaintiff in O.S. No. 198 of 2005 on the file of the District Munsif Court, Sankari. The respondent filed the said suit for injunction restraining the petitioners and other defendants from interfering with the respondent's peaceful possession and enjoyment of the suit property, particularly not to obstruct the pathway, cart track and not to damage the Mettur Left bank channel by means of permanent injunction. The petitioners filed written statement on 01.11.2005 and are contesting the suit. The trial commenced and when the suit was posted for cross-examination of P.W.1, the petitioners filed I.A.No.716 of 2014 under Order VIII Rule 9 read with Section 151 C.P.C., for permission to receive additional written statement filed along with the application. Though the petitioners filed additional written statement along with counter claim, they have filed the application only for permission to file additional written statement.

(3.) According to the petitioners, it is only the respondent is trying to interfere with their right to use the common cart track. On 14.06.2014, the respondent damaged the underground P.V.C. pipe line laid by the petitioners in the suit property. In view of the same, it is necessary to file additional written statement with counter claim.