LAWS(MAD)-2010-11-198

KARUPPA GOUNDER Vs. APPAVOO

Decided On November 23, 2010
KARUPPA GOUNDER Appellant
V/S
APPAVOO Respondents

JUDGEMENT

(1.) Heard Mr. N. Manokaran, learned Counsel appearing for the Petitioners.

(2.) This Revision has been filed under against the fair and decreetal order dated 27.11.2008 made in I.A. No. 161 of 2008 in O.S. No. 34 of 2008 on the file of the District Munsif Court, Tiruchengode. This Suit was filed for granting leave to the Plaintiffs to file and prosecute the Suit against the Defendants 1 to 4 for themselves and as representatives of the hamlet of Pulla Goundanpatty, Arundhadhiar Colony, Tiruchengode Taluk and interdicting the Defendants for themselves and as representatives for the residents of hamlet of Pullangoundampatty, Arunthathiar Colony, Pullagoundampatty village, Tiruchengode Taluk by way of permanent injunction from in any way interfering with the Plaintiffs free use of the three suit cart tracks by taking their men, cattle and vehicles to reach their lands in punjai pudupalayam village.

(3.) The Petitioners filed I.A. No. 161 of 2008 under Order 1 Rule 8 Code of Civil Procedure to permit them to sue the Respondents/Defendants1 to 4 individually and as representatives of the entire body of the residents consisting of more than thirty families of hamlet of Pulla Goundampatty, Arundhadhir colony. The Defendants 1 to 4 resisted the claim both on merits and also stating that they are not the representatives of the village.