VASANTHI Vs. SARASWATHY

JUDGEMENT

(1.) Orders allowing amendment of the plaint and dismissing the application for issuance of a survey commission, are under challenge in this original petition, by the defendants in the suit.

(2.) The suit as originally filed was for a prohibitory injunction against trespass into the plaint 'A' schedule property belonging to the plaintiff, for declaration of prescriptive easment right of way over the plaint 'C' schedule and for a prohibitory injunction not to interfere with the user of the plaint 'C' schedule way.

(3.) The plaintiff alleges that, pending the suit, the defendant who is the owner of the 'B' schedule property which lies adjacent on the northern side of 'A' schedule, trespassed into the 'B' schedule and reduced a portion thereof into his possession. Thereupon the plaintiff filed IA 4313/2012 seeking amendment of the plaint. By the amendment, the plaintiff sought to incorporate a relief for declaration of his title over the plaint 'A' schedule, for recovery of possession of the trespassed portion which is sought to be incorporated as 'D' schedule to the plaint, for a mandatory injunction to demolish the compound wall and the building portion alleged to have been constructed trespassing into the 'A' schedule property, and also for the relief of fixation of boundary between the plaint 'A' and 'B' schedule properties. As per Ext.P10 order the trial court allowed the application.