T.R. MARIMUTHU Vs. MUNUSAMY AND ORS.

JUDGEMENT

(1.) This Civil Revision petition is filed to set aside the fair and decretal order dated 13.02.2014 made in I.A.No.363 of 2013 in O.S.No.164 of 2011 on the file of the II Additional District Munsif Court, Bhavani.

(2.) The petitioner is plaintiff and respondents are defendants 1, 3 and 4 in O.S.No.164 of 2011 on the file of the II Additional District Munsif Court, Bhavani. The said suit was filed by the petitioner for permanent injunction restraining the respondents and one deceased Gurunathan from interfering with the petitioner's peaceful possession and enjoyment of the suit property and for permanent injunction restraining the respondents and deceased Gurunathan from damaging the underground pipeline laid connecting the suit property with the bore well in their property.

(3.) The first respondent filed written statement and is contesting the suit. Trial commenced. The petitioner filed proof affidavit and was examined in chief and cross examined in part. When the suit was posted for further cross examination of the petitioner as P.W.1, the petitioner filed I.A.No.363 of 2013 under section 151 of C.P.C for marking the Deed of Land Assignment as Ex.A12 in the suit. According to the petitioner, when the said document was sought to be marked, the respondents objected the same and therefore, the present application is filed. As per the said Land Assignment Document, the respondents handed over possession of the suit property to the petitioner on receiving the sale consideration. He is claiming relief based on the said document.