JESU Vs. V. VIRGIN

JUDGEMENT

(1.) The present petition is filed by the plaintiffs in O.S.No.15 of 2007 on the file of the Additional District Munsif Court, Valliyur, Tirunelveli District.

(2.) The brief facts are that the plaintiffs have laid a suit for declaration of title and for injunction with regard to 2 items of properties. Both first and second schedule of properties are said to have been comprised in Survey No.409/5E. It appears that the court has appointed a Commissioner for local inspection, who had visited the properties and filed his report which he had prepared with the assistance of the Taluk Surveyor. Now the plaintiff understands that the first schedule property is comprised in Survey No.409/5G and that the second schedule property is only a common pathway. Therefore, the plaintiffs have filed an application for amending the plaint. This was resisted by the defendants and subsequently, the trial court dismissed the petition. The said dismissal order is now under challenge.

(3.) Heard both sides.