C D DHANDAPANI Vs. M RANGASAMI

JUDGEMENT

(1.) HEARD both sides.

(2.) THE learned District Munsif, Kangayam, taking note of the relief prayed for in O. S. No. 26 of 2002 and finding that the plaintiffs have not prayed for any relief against the public of Uppupalayam Village and that the relief relates to "abcd" fence, has dismissed Application Nos. 412 and 413 of 2004 filed by the third parties seeking for impleadment in the suit as well as to defend the suit in a representative capacity.

(3.) A perusal of the relief prayed for in the suit shows that the plaintiffs have not prayed for a declaratory decree; it is for a permanent injunction against the defendants therein and also for a mandatory injunction for removal of "abcd" fence. In the affidavit filed in support of the applications in I. A. Nos. 412 and 413 of 2004, the third parties have specifically stated that all of them belong to Uppupalayam, Vellakovil Village and they filed the said application on behalf of the entire villagers of Uppapalayam. It is further stated that they came to know that the plaintiffs have filed the said suit in respect of a Pavadi. It is their claim that inasmuch as the said place-Pavadi is a common property being used by all the villagers, if any dispute/claim regarding the same has to be decided by hearing all the parties, including the villagers of Uppupalayam.