CHINNUSAMY Vs. APPU GOUNDER

JUDGEMENT

(1.) CIVIL Revision Petition filed against the order dated 29.8.2008 made in C.M.A.No.15 of 2008 on the file of the Principal Subordinate Judge,Salem reversing the order and decretal order dated 15.4.2008 in I.A.No.535 of 2008 in O.S.No.365 of 2008 passed by the Principal District Munsif, Salem. The revision petitioners/plaintiffs/respondents have preferred this civil revision petition as against the Judgment dated 29.8.2008 passed in C.M.A.No.15 of 2008 by the Principal Subordinate Judge, Salem in allowing the civil miscellaneous application. The learned Principal Subordinate Judge, Salem in Judgment dated 29.8.2008 in C.M.A.No.15 of 2008 has inter alia held that 'on a perusal of sale deeds Exs A1 to A3, they do not reveal any such recitals in regard to the cart track and on the other hand the pathway right has been mentioned as' Mamool thada Pathiyam' and through the sale deeds no prima facie case has been made out by the revision petitioners/plaintiffs/respondents at present and that the revision petitioners/plaintiffs/respondents will have to prove that in the patta land S.F.No. 121/1, they were given a right of pathway and therefore, the grant of temporary injunction by the learned Principal District Munsif , Salem in I.A.No.535 of 2008 in O.S.No.365 of 2008 is unsustainable one and resultantly allowed the civil miscellaneous appeal.

(2.) ACCORDING to the learned counsel appearing for the revision petitioners, the learned Principal Subordinate Judge, Salem has failed to consider that the respondents herein sold the property situated in S.Nos.121/4,121/5,121/6,121/12,121/13 in Vaniyambadi Village at Salem District to the first petitioner through sale deed dated 1.12.1980 and sale deed dated 10.6.1993 along with a cart track which exists in S.No.121/1 and which has been named in the sale deed as" mamool Thadam" and that the first appellate Court has not taken into account of the fact that the said cart track is only a mode of access to reach the revision petitioners' land from the main road and that the terms "mamool thada pathiyam ' in the sale deed dated 1.12.1980 and the sale deed dated 10.6.1993 executed by the respondents herein clearly established that there has been a cart track at the time of execution of sale deeds and that the revision petitioners/plaintiffs have been permitted to use the same and in any event prays for allowing the revision petition to promote substantial cause of justice.

(3.) IN fine, the civil revision petition is dismissed and the judgment passed by the learned Principal Subordinate Judge, Salem dated 29.8.2008 in C.M.A.No.15 of 2008 is confirmed by this Court for the reasons assigned by this Court in this revision petition. Considering the facts and circumstances of the case, this Court directs the Principal District Munsif, Salem to dispose of the main suit in O.S.No.365 of 2008 within a period of three months from the date of receipt of a copy of this order. Liberty is given to the parties to raise all contentions/objections in the main suit and they have to seek their remedy in accordance with law. It is open to the revision petitioners/plaintiffs to file necessary application before the trial Court in the manner known to law and seek appropriate remedy,if they are so advised. NO order as to costs. Consequently, connected M.P.Nos. 1 and 2 are also dismissed.