KALIYAMMAL Vs. PALANIYAMMAL AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dated 14.12.2017 passed in I.A.No.226 of 2017 in A.S.No. 18 of 2015 on the file of the Principal District Judge, Karur.

(2.) The revision petitioner is the plaintiff and the respondents are defendants in O.S.No.109/2008 on the file of the Principal Sub Judge, Karur. The said suit was filed for the relief of declaration and recovery of possession in respect of the 1st item of the suit property, for partition claiming 3/6th share as well as consequential relief of permanent injunction in respect of the 2nd item of the suit schedule property. The said suit was resisted by the respondents 1 and 2. The learned Sub Judge by judgment and decree dated 20.06.2013 granted the relief in respect of 1st item of the suit schedule property. However, on a total misconception of facts and law, in spite of the specific admission of DW1, the learned Sub Judge dismissed the suit relating to the 2nd item of the property. Aggrieved over the same, the petitioner preferred appeal in A.S.No.18 of 2015 before the Principal District Court, Karur. Pending appeal, the petitioner filed I.A.No.226 of 2017 under Section 107 read with section 151 CPC seeking to receive certain documents and mark the same as additional evidence. In the affidavit filed in support of the said petition, it has been specifically contended that the learned Sub Judge has held that the petitioner has not proved the fact that his family is entitled to any inch of land in Survey No.242 measuring 1 acre and 30 cents of punjai, Kadambankurichi village, Manmangalam Taluk and therefore, in order to assail the said finding, necessarily certain documents which are mentioned in the petition are very crucial in deciding the appeal and therefore, the petitioner filed the present petition for the above relief.

(3.) The learned Judge passed the impugned order dated 14.12.2017 in I.A.No.226 of 2017 in A.S.No.18 of 2015, holding that the application for permission to give additional evidence shall be heard along with the appeal, against which, the present revision petition has been filed.