P. CHINNADURAI Vs. K. SUBRAMANIAM

JUDGEMENT

(1.) THE Present Civil Revision Petition has been filed challenging the impugned Order dated 7.11.2013 made in I.A. No.1078 of 2013 in O.S. No.187 of 2008 on the file of the learned Subordinate Court, Tiruchengode, wherein the Application filed to reopen the case for adducing further evidence on the side of the Plaintiffs came to be dismissed.

(2.) HEARD the learned Counsel appearing for the Petitioners and the learned Counsel appearing for the Respondent.

(3.) THE Petitioners herein as Plaintiffs have filed the Suit in O.S. No.187 of 2008 for declaration that the Plaintiffs are entitled to use the XY Pathway to take cattle and vehicles to the 'B ' series land and also for consequential injunction, stating that the properties were originally owned by one Velappa Gounder, who had two sons viz., Arthanari Gounder and Sengoda Gounder. Arthanari Gounder had a son named Pachiyannan and Sengoda gounder had a son named Venkatachalam. The Suit Schedule property in Survey No.27/2 was partitioned between Pachiyannan, his son Palanivel, Sengoda Gounder and his son Venkatachalam on 26.7.1996. The 'A ' Scheduled property that has been allotted to Pachiyannan was purchased by the Second Plaintiff viz., Rasappan and the 'B ' Scheduled property that has been allotted to Sengoda Gounder was purchased by the First Plaintiff viz., Chinnudurai. From that date onwards, the Plaintiffs are in enjoyment of the Suit Scheduled property and also the XY Pathway. Since, the Respondent/First Defendant is attempting to restrain the Petitioners/Plaintiffs to use the XY Pathway, they were forced to file the Suit seeking for declaration and consequential injunction.