LAWS(MAD)-2019-3-674

MOHAMMEDI DELHI WALA Vs. SHEKH KUTBUDDIN HABIB

Decided On March 18, 2019
Mohammedi Delhi Wala Appellant
V/S
Shekh Kutbuddin Habib Respondents

JUDGEMENT

(1.) This civil revision petition is filed to set aside the impugned fair and decretal order dtd. 27/4/2015 on the file of the V Additional District and Sessions Court, Coimbatore in I.A. No. 737 of 2014 in O.S. No. 473 of 2013.

(2.) The revision petitioner is the plaintiff. He filed the suit for the relief of specific performance of the sale agreement dtd. 22/11/2008 and for permanent injunction against the respondents. Thereafter, the petitioner had filed I.A. No. 737 of 2014 to permit the petitioner to file additional reply statement to the written statement filed by the respondents and that application was dismissed on the ground that the writtten statement filed on 19/2/2014 and the application was filed only on 9/9/2014 after lapse of eight months.

(3.) Further, the court below dismissed the said application with the observation that the intention of the petitioner to drag on the proceedings and hence the application was not maintainable. Perusal of the records would show that the trial had not commenced.