SUBRAMANIAN Vs. SETHURAMAN

JUDGEMENT

(1.) THIS Revision is preferred against the order of District munsif-cum-Judicial Magistrate, Keeranur made in I. A. No. 110 of 2003 in o. S. No. 119 of 1996 dated 09. 04. 2003 dismissing the Petition filed under Or. 18 r. 17 read with Sec. 151 C. P. C. declining to recall D. W-1 for the purpose of marking the Sale Deed in favour of one Chokka Konar. The Second Defendant is the Revision Petitioner.

(2.) O. S. No. 119 of 1996:- The Suit Property relates to s. No. 232/18 0. 03. 0 Ares, Kulathur Taluk, Pudukottai District. The Suit property belongs to the Plaintiff ancestrally. In the Suit Property, there was velikaruvai trees. The Plaintiff had been cutting the Velikaruvai trees and in enjoyment of the Suit Property by paying Kist etc. On 31. 01. 1996, when the plaintiff was cutting the trees, the Defendants claiming right over the Suit property prevented the Plaintiff from cutting the trees. The Plaintiff had issued Legal Notice on 05. 02. 1996. Though the Defendants have received the notice, they have not sent any reply. Thereafter, the Defendants did not cause disturbance to the Plaintiff's possession of the Suit Property. Few days prior to the filing of the Suit, the Defendants again attempted to tresspass into the suit Property. Hence, the Plaintiff has filed the Suit for Permanent injunction.

(3.) AGGRIEVED over the dismissal of the Application to recall D. W. 1 for the purpose of marking the Sale Deed, the Second Defendant has preferred this Revision.