VELUSAMY Vs. M PONNUSAMY

JUDGEMENT

(1.) THE Revision Petitioners herein are the defendants in O. S. No. 247/2001, on the file of the District Munsif Court, Namakkal. The respondent/plaintiff filed the said suit for declaration that the respondent/plaintiff is entitled to the suit cart track referred to in the plaint rough Plan and also for such other reliefs.

(2.) THE respondent/plaintiff also filed an Application I. A. No. 471/2001 in O. S. No. 247/2001, on the file of the District Munsif Court, Namakkal, for interim injunction, restraining the Revision Petitioners/defendants, not to disturb the respondent/plaintiff from using the suit cart track. The said I. A. No. 471/2001, after contest, was dismissed as per the order dated 4. 7. 2001, on finding that even at the time of filing of the suit, the suit cart track was closed, which fact has not been stated in the plaint by the respondent/plaintiff.

(3.) THEREAFTER, the respondent/plaintiff filed an application I. A. No. 637/2001, in O. S. No. 247/2001, on the file of the District Munsif Court, Namakkal, for interim mandatory injunction to remove the obstructions in the suit cart track. That petition, after contest was dismissed by the District Munsif Court, Namakkal, as per order dated 26. 7. 2001.