MUTHAMMAL Vs. BARIPOORNAM

JUDGEMENT

(1.) The revision petitioners are the plaintiffs in the suit in O.S.No.1 of 2014 on the file of the District Munsif Court, Srivaikundam and the said suit was filed seeking the relief of declaration and injunction among various other reliefs. During the pendency of the suit, the plaintiffs filed an application in I.A.No.444 of 2017 in O.S.No.1 of 2014 for re- issuance of Commissioner Warrant, directing measurement of the petition schedule property and to submit a report and the said application was dismissed on 30.08.2017 on the ground that filing such application is an afterthought and an adoption of dilatory tactics. Aggrieved over the same, the present Civil Revision petition has been filed.

(2.) It is the case of the revision petitioners / plaintiffs that they had inherited the properties from their mother Pothikkannu Ammal on 23.06.20016 and from that date onwards, they are in enjoyment and possession of the properties and it is claimed that the patta stands in the name of their mother. It is the further case of the revision petitioners that both the plaintiffs and the defendants belong to the same community and property of the defendants bearing S.No.221/16 is situated in the southern side of the plaintiffs' land and the said survey number of the defendants has been subdivided as 221/16A and 221/16B.

(3.) The revision petitioners state that since the defendants started interfering with the peaceful possession of their properties and attempting to raise buildings in their land, a complaint was initially lodged against them on 112.2013 before the District Superintendent of Police, Tuticorin and as no action was taken thereon, the plaintiffs filed the suit in O.S.No.1 of 2014 on the file of District Munsif Court, Srivaikundam, in which, an Advocate Commissioner was appointed by the Court below for measurement of the property.