ORDER

This petition has been filed challenging the fair and decreetal orders dated 18.12.2019 passed in I.A.No.709 of 2017 in O.S.No.330 of

2005 on the file of the Additional District Munsif, Vellore.

2.The revision petitioners are the defendants in O.S.No.330 of

2005 on the file of the Additional District Munsif, Vellore. The respondent/plaintiff filed the suit for declaration of his title to the suit properties and for a consequential relief of permanent injunction restraining the defendants, their men and agents from interfering with his peaceful possession and enjoyment of the suit properties.

3.The defendants 1, 3 to 6 filed their written statement. The plaintiff, thereafter filed a petition in I.A.No.697 of 2014 under Order VI Rule 17 CPC praying to amend the plaint for inclusion of prayer of mandatory injunction directing the defendants to remove the illegal structure put up by them in the suit properties apart from seeking inclusion of the following properties in the suit schedule :

1) Wet S.No.3045/1, 0.17 cents, less 66 square meter.

2) Wet S.No.3056, 0.23 cents, less 78 square meter. 3) Wet S.No.3045, 0.23 cents, less 10 square meter. 4) 156 square meter after total extent of 0.67 cents.

According to the plaintiff, the defendants had encroached upon the suit property and had put up a construction between February 2014 and March 2014 without getting any permission from the local authorities concerned and hence, the same should be removed through the process of Court. The said petition was allowed by the trial Court challenging which CRP.No.1076 of 2016 was filed by the defendants before this Court. A single Judge of this Court reversed the findings of the trial Court vide orders dated 01.11.2016.

4.Thereafter, the plaintiff filed another petition under Order VI Rule 17 CPC in I.A.No.709 of 2017 and the trial Court allowed the said application vide its orders dated 18.12.2019, aggrieved over which the present Civil Revision Petition is filed.

5.Heard Mr.V.Lakshminarayanan, learned counsel appearing for the revision petitioners and Mr.S.T.Bharath Gowtham, learned counsel appearing for the respondent.

6.Mr.V.Lakshminarayanan, learned counsel for the revision petitioners would contend that when the earlier orders in I.A.No.697 of 2014 was set aside by this Court in CRP.No.1076 of 2016 dated

01.11.2016, the plaintiff cannot file another application with similar averments under Order VI Rule 17 CPC flouting the principles of res judicata. His further contention is that the following tabular column would show the averments and prayers made in I.A.No.697 of 2014 and I.A.No.709 of 2017