SARASWATHY AMMAL AND ORS. Vs. GOVINDAN AND ORS.

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. The defendants in OS No.34 of 2016, have come up with this Civil Revision Petition. Challenging an order dated 07.06.2016 made in IA No.447 of 2016, in and by which, the Trial Court dismissed the application for striking out the plaint filed under Order 6 Rule 16 of the Code of Civil Procedure.

(2.) The suit was laid by the respondents/ plaintiffs seeking declaration of title and permanent injunction or in alternative declaring the plaintiffs' easementary right over the suit property and for permanent injunction restraining the defendants from interfering and causing any obstruction to the plaintiffs' peaceful possession and enjoyment of the suit property as pathway in exercise of easementary right over the same.

(3.) The plaintiffs sued for the above said reliefs contending that the property is a private pathway leading to the second plaintiff School. It is also stated that there were earlier litigations with reference to the suit property in OS No.1421 of 1981, in which the first defendant herein was the plaintiff and the first plaintiff herein, his parents and siblings were defendants 1 to 7. It is claimed that though the suit property was the absolute property of Govindammal, the first plaintiff's mother, since the litigation was not properly prosecuted with the help of necessary documents, the first plaintiff's mother suffered a decree for recovery of possession at the hands of the first defendant. However, no actual delivery was taken pursuant to the decree in OS No.1421 of 1981 and possession remained with the present first plaintiff, who was also a defendant in the earlier suit. It was also stated that the suit property served as a pathway to the School run by the first plaintiff by name of "Durai Memorial Nursery and Primary School".