RAMASWAMY Vs. EZHUDESOM TOWN PANCHAYAT REP

JUDGEMENT

(1.) THE plaintiffs, who failed, as appellant, before the first appellate Court, in amending the plaint, seeking for damages, are the revision petitioners.

(2.) ELSEWHERE in 1994, the revision petitioners have filed the suit against the respondent/Panchayat for permanent injunction. As rightly claimed by the other side, inviting my attention to para 2 of the plaint, where it is said, the delivery proceedings is still pending, thereby showing the plaintiffs were not in possession of the property. Pending suit, according to the plaintiffs, it appears, road has been laid and therefore, an amendment was sought for on 14.4.1999, seeking mandatory injunction, for the removal of the road, which was allowed by the trial Court. Thereafter when the trial came to an end, it disclosed that the plaintiffs/revision petitioners are not entitled to any relief and in this view, the suit came to be dismissed on 12.7.2000, which is under challenge in A.S. No. 89 of 2000 on the file of the Sub-Court, Kuzhithurai.

(3.) HEARD both.