PETCHIAMMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner claims to be the pattadhar of the property situated at Keeripatti village in old S.No.67/3, new S.Nos.85/30, 85/31 and 85/1, in respect of the lands admeasuring an extent of 4369 sq.ft. and 10 cents. It is the claim of the petitioner that her forefathers were in possession and enjoyment of the said property and by way of succession she has succeeded to the estate. The petitioner on an earlier occasion, has filed a civil suit in O.S.No.107 of 2016 on the file of District Munsif Court cum Judicial Magistrate No.1, Usilampatti, against the respondents 8 and 1 to 3 herein, as defendants 1 to 4, praying for permanent injunction restraining them from interfering with the peaceful possession and enjoyment of the said land.

(2.) As usual, all the defendants 2 to 4 / officials remained ex-parte. The Court of District Munsif cum Judicial Magistrate No.1, Usilampatti, vide judgment and decree dated 06.06.2017, had granted an ex-parte decree and it is the submission of the learned counsel appearing for the petitioner that no steps have been taken to set aside the ex-parte decree and it has also become final.

(3.) This Court has also gone through the judgment and decree passed by the learned District Munsif Court cum Judicial Magistrate No.1, Usilampatti, in O.S.No.107 of 2016 and is of the considered view that the said judgment and decree is not in consonance with the Order XX Rule 4 Sub-rule (2) and it is relevant to extract the same:-