LAWS(MAD)-1997-1-38

MUTHAMMAL Vs. THAMBURATI

Decided On January 10, 1997
MUTHAMMAL Appellant
V/S
THAMBURATI Respondents

JUDGEMENT

(1.) PLAINTIFF in O.S. No.559 of 1990 on the file of District Munsif, Tenkasi, aggrieved against the order passed in I.A. No.496 of 1995 has filed the present revision before this Court.

(2.) THE petitioner herein has originally filed O.S. No.559 of 1990 on the file of District Munsif, Tenkasi, for declaration and permanent injunction in respect of the suit property against the defendants. THE respondents/ defendants filed a written statement disputing the various averments.

(3.) THE court below on consideration of the affidavit and counter-affidavit filed by both parties, after holding that the alleged construction was found place in the Commissioner's report filed even as early as on 26.7. 1991 the plaintiff having failed to take many step for about 4 1/2 years, dismissed the said application as barred by limitation. THE said order is now questioned in the revision by the plaintiff.