PALANISWAMY Vs. ASHRAFF UNNISSA BEGUM

JUDGEMENT

(1.) THIS Revision Petition is directed against the Order of Subordinate court, Dharapuram, made in I.A.No.183 of 2001 in A.S.No.4 of 2001, dated 1.4.2002 dismissing the petition filed for impleading the petitioners as appellants.

(2.) RELEVANT facts are as follows:- Respondents 1 and 2 have filed a suit in O.S.No. 296 of 1998 on the file of the District Munsif Court, Kangeyam for declaration that they have a right in the four feet common pathway and for Permanent Injunction restraining the Defendant from obstructing the Plaintiffs from using the common pathway. The Plaintiffs also prayed for relief of Mandatory Injunction and for removal of the roof which the Defendant is alleged to have put up across the common pathway. After full trial, the learned District Munsif, Kangeyam dismissed the plaintiffs' case holding that the Plaintiffs have not proved their entitlement to use the common pathway and held that the pathway is not a common pathway.

(3.) THE Appellate court dismissed the application finding that the petitioners purchased the property having knowledge of the pending litigation. THE lower Court pointed out that the counsel for the Appellants/Plaintiffs and the newly impleaded parties are one and the same and hence, the apprehension of the petitioners that the Plaintiffs may not seriously contest the appeal is unfounded.