RAMASAMY CHETTIYAR Vs. SRINIVASAN

JUDGEMENT

(1.) For the sake of convenience, the parties are referred to as per their rank in the Court below.

(2.) Claiming themselves as representatives of Agriculturists of 24 Manai Telungu Chettiyargal Uravinmurai at Lingapuram Village, Panthalkudi, the respondent Nos.1 and 2 in C.R.P.(MD).No.581 of 2016 and the petitioners in C.R.P.(MD).No.747 of 2016 / plaintiffs, have filed a suit in O.S.No.283 of 2015 before the District Munsif Court, Aruppukottai, against the revision petitioners in C.R.P.(MD).No.581 of 2016 and the respondents 1 and 2 in C.R.P.(MD).No.747 of 2016 / defendants, who are the representatives of 24 Manai Telungu Chettiyargal Uravinmurai at Lingapuram Street, Panthalkudi Village, Aruppukottai Taluk, Virudhunagar District; Panthalkudi Panchayat Board and Electricity Board. The suit is filed for permanent injunction, restraining the defendants 1 and 2 from interfering with the use of the suit property by the plaintiffs as Kalam (Thrash ground); the 3rd defendant from issuing an order permitting the defendants to put up any construction and the 4th defendant from giving electricity connection for the construction of any building on the suit property and for mandatory injunction to the defendants 1 and 2 to close the pit dug up in the land in question within a stipulated time.

(3.) Pending suit, the plaintiffs had filed two interlocutory applications ie., one in I.A.No.1497 of 2015 under Order 1 Rule 8 CPC, seeking permission of the Court to file the suit in representative capacity and another in I.A.No.1500 of 2015 for appointment of an Advocate Commissioner to find out the physical features. After contest, both the applications were allowed by the Trial Court. While allowing the application in I.A.No.1497 of 2015, the Trial Court imposed a condition that the plaintiffs should implead all the objectors as defendants in the suit. Aggrieved against the condition imposed in I.A.No.1497 of 2015, the plaintiffs have filed C.R.P.(MD).No.747 of 2016. Aggrieved against the order made in I.A.No.1500 of 2015, the defendants 1 and 2 have filed C.R.P.(MD).No.581 of 2016.