LAWS(MAD)-2008-1-7

DISTRICT COLLECTOR TIRUVANNAMALAI DISTRICT Vs. JAYASEELAN

Decided On January 07, 2008
DISTRICT COLLECTOR TIRUVANNAMALAI DISTRICT TIRUVANNAMALAI Appellant
V/S
JAYASEELAN Respondents

JUDGEMENT

(1.) THE order passed in E.P.No.69 of 1997 in O.S.No.757 of 1995 on the file of the Court of Principal District Munsif, Vandavasi is under challenge in this revision.

(2.) THE said Execution petition was filed under Order 21 Rule 22 and under Order 21 and Rule 35 CPC. THE suit in O.S.No.757 of 1995 was filed by the plaintiff for injunction restraining the defendants viz.,THE District Collector, Tiruvannamalai District, Tiruvannamalai, THE Tahsildar, Taluk Office, Vandavasi and THE Special Tahsildar Natham Survey, Taluk Office, Vandavasi from issuing the patta for the plaint schedule property in favour of one Suseela Ammal, who is not a party to the suit and for mandatory injunction against the above defendants to grant patta in respect of the suit property in favour of the plaintiff. An exparte decree was passed in the suit on 3.1.1997.

(3.) AT this juncture, the learned counsel appearing for the respondent would represent that the respondent/plaintiff in O.S.No.757 of 1995 may be permitted to move before this Court for giving necessary directions to the Government for the issuance of a patta in respect of the suit property in his favour. It is open to the respondent/plaintiff in O.S.No.757 of 1995 to take appropriate remedy before the appropriate forum for seeking appropriate relief to get patta in respect of the suit property, after impleading the necessary parties particularly Suseela Ammal.