K. V. LAKSHMIPATHY Vs. J. SENTHAMIZH SELVI

JUDGEMENT

(1.) The Civil Revision Petition has been filed by the appellants in C.M.A. No. 9 of 2019 questioning the judgment dated 20.08.2019 passed by the 1 st Additional District Court, Tiruvallur dismissing the appeal.

(2.) The 1 st respondent herein had filed O.S. No. 6871 of 1990 before the VII Assistant City Civil Court against the revision petitioners seeking a judgment and decree in the nature of a declaration that respondent/plaintiff has got a right to access her site through the Inner Ring Road, and for permanent injunction restraining from putting up any construction and committing trespass, and for mandatory injunction to remove illegal construction put up. Two of the defendants died pending the proceedings and the 8 th defendant has been shown as the 2 nd respondent herein.

(3.) It is the case of the 1 st respondent herein in O.S. No. 6871 of 1990, that she had purchased a house site mezsuring 5 1/2 cents bearing plot no. 13 in S. No. 57/1 part in Koyambedu Village, Nungambakkam Egmore Taluk, Chennai, by a registered sale deed dated 14.12.1987 from the 2 nd respondent/8 th defendant. The revision petitioners/defendants had also purchased adjoining plots of land. It was claimed that the revision petitioners/defendants had, unauthorisedly put up a 10 feet wall and had also laid foundation for construction of building encroaching into the road, thereby obstructing the 1 st respondent/plaintiff from having free access to her house site.