S. MANI AND OTHERS Vs. GIRIRAJAN AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 05.08.2009 made in E.P.No.24 of 2007 in O.S.No.353 of 1996 on the file of the District Munsif, Mettupalayam.

(2.) The petitioners are defendants and respondents 1 to 3 are plaintiffs in O.S.No.353 of 1996 on the file of the District Munsif, Mettupalayam. Pending Civil Revision Petition, the 3rd plaintiff died and respondents 4 and 5 were impleaded as the legal heirs of the deceased 3rd plaintiff. Originally, the respondents 1 to 3 filed the said suit for permanent injunction restraining the petitioners from interfering with their peaceful possession and enjoyment of the suit property by preventing the respondents from using the cart-track. After contest, the suit was decreed by the judgment and decree dated 25.02.2005. The first appeal A.S.No.53 of 2005 on the file of the III Additional Sub Court, Coimbatore and the S.A.No.576 of 2006 before this Court filed by the petitioners were dismissed by the judgment and decree dated 16.08.2005 and 04.01.2007 respectively. After dismissal of the A.S.No.53 of 2005, the respondents filed E.P.No.24 of 2007 for punishing the petitioners for disobeying the decree of injunction granted by the Court and for removal of the construction put up by the petitioners by encroaching suit cart-track.

(3.) The third petitioner filed counter statement which was adopted by the other petitioners and denied that they have not disobeyed the decree of injunction and contended that they have not put up any construction in the suit cart-track. It is an open agricultural land. Even before the respondents filed suit, there was fence in the cart-track and the same was mentioned in the written statement itself. The respondents did not amend the plaint to include the relief of mandatory injunction for removal of the said fence. The decree is only for injunction and there is no decree for removal of any construction and also contended that the respondents cannot claim two reliefs in one E.P.