G. SIDDESHRAJA Vs. BALAMANI

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the fair and decretal order dated 18.06.2014 made in I.A. No. 1090 of 2013 in O.S. No. 378 of 2013 on the file of the Additional District Munsif Court, Tiruchengode.

(2.) AT the time of admission, argument of the learned counsel for the revision petitioners is heard in length.

(3.) LEARNED counsel for the revision petitioners submitted that the plaintiffs have not sought for appointment of Commissioner for proving their possession. The southern wall of the defendants' property is the northern wall of the plaintiffs' property and already the revision petitioners filed a suit for bare injunction and that has been dismissed against which, they preferred an appeal, in which, they filed an application for withdrawing the suit and it was dismissed by the Court with liberty to file fresh suit on the same cause of action. Then only, the present suit has been filed for declaration of title and injunction. It is further submitted that the defendants raised a plea in the written statement that there was Our Panchayat, in which, it was stated that the father of the defendants was directed to pay a sum of Rs. 12,000/ - and odd, since the small encroachment made by the first plaintiff. The plaintiffs had not filed the application for collecting material evidence and only to point out the physical features of the suit property. Hence, he prayed for allowing of the revision petition.