R BALUSAMY; K S THANGAVEL; P S SUBRAMANI Vs. RAMASAMY GOUNDER

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decreetal order dated 22.01.2014 made in I.A.No.890 of 2013 in O.S.No.268 of 2005 on the file of the District Munsif Court-cum-Judicial Magistrate's Court, Perundurai.

(2.) The revision petitioners herein as the plaintiffs filed a suit in O.S.No.268 of 2005 for permanent injunction restraining the defendant and his men from using the cart track in B Schedule property to reach the lands in A Schedule property. The defendant/respondent herein has filed a written statement and contested the same. After commencement of trial, the plaintiffs have filed an application in I.A.No.890 of 2013 for amendment of plaint by including the prayer for declaration that the plaintiffs are entitled to use the cart track in B schedule property as easement by prescription and also consequential reliefs. Resisting the same, the respondent/defendant has filed a detailed counter. The trial Court, after considering the same, has dismissed the application, against which, the present revision petition has been preferred by the revision petitioners/plaintiffs.

(3.) Learned counsel for the revision petitioners submitted that the revision petitioners herein as the plaintiffs filed a suit for bare injunction restraining the defendant from interfering with the peaceful possession and enjoyment and usage of the cart track in B schedule property to reach the lands in A schedule property. Even though both sides evidence were over and arguments were heard, if the amendment is allowed, no prejudice would be caused to the defendant and nature of the suit would not be changed and the plaintiffs never let any oral and documentary evidence. Hence, he prayed for allowing of the revision petition.