K. S. NALLASAMY Vs. RAMASAMY GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the third defendants /respondents/villagers of Vaniputhur Village in Gobichettypalayam in O.S.No. 180 of 2017 which is pending on the file of the District Munsif Court at Gobichettypalayam, taking advantage of Article 227 of the Constitution of India seeking to strike out the plaint in O.S.No. 180 of 2017.

(2.) The said suit in O.S.No. 180 of 2017 had been filed by the first and second respondents herein Ramasamy Gounder and Sivaperumalsamy seeking a Judgment and Decree against the defendants, State of Tamilnadu rep. by its Collector, Erode District and the Tahsildar, Taluk Office, Gobichettypalayam, in the nature of permanent injunction restraining the defendants and their associates from unlawfully trespassing into the suit property and evicting the plaintiffs from there by removing the gate except by due process of law in Item No.1 property as described in the suit schedule and for permanent injunction restraining the defendants and their officials from unlawfully tresspassing into the suit property and demolishing the compound wall except under due process of law and for costs of the suit.

(3.) Item No.1 which had been described in the schedule of the plaint is koppu channel in R.S.Nos. 161 & 163 in Vanipudur Village, Gobichettypalayam Taluk with the breath of the koppu and pathway being 60 ft., east to west and 62 ft., north to south and situated on the west of the lands of the plaintiff.