VASANTHI Vs. SILAMBANA GOUNDER

JUDGEMENT

(1.) THE respondents in I.A.No,50/2008 in O.S.No,28/2004 on the file of the Additional District Judge (Fast Track Court-IV) Bhavani are the petitioners in this Civil Revision Petition.

(2.) THE suit in O.S.No,28/2004 was filed by the deceased Silambana Gounder and the respondent against the revision petitioners praying for a judgment and decree of permanent injunction restraining the revision petitioners and their men and agents from interfering with the peaceful possession and enjoyment of the suit property by the respondent.

(3.) THERE is no dispute that by way of recalling P.W.1 the respondent was attempted to mark the evidence tendered by the first respondent in a criminal proceeding in C.C.No.105/2000 on the file of the Judicial Magistrate II, Gobichettipalayam. It was not the case of the respondent that the first revision petitioner was not available for examination before the Court so as to enable them to contradict the said witness with reference to her earlier statement on oath.