DURAIPANDI NADAR AND OTHERS Vs. LAKSHMANAN AND OTHERS

JUDGEMENT

(1.) The defendants in the suit in O.S. No. 42 of 2011 on the file of Principal District Munsif Court, Tenkasi is the revision petitioners in both revision petitions.

(2.) The respondents herein as plaintiffs filed the suit in O.S. No. 42 of 2011 before the Principal District Munsif Court, Tenkasi for a declaration that the suit property is a pathway located in poramboke and for a consequential injunction restraining the revision petitioners from encroaching the suit property. The suit is also for mandatory injunction directing the revision petitioners to remove the encroachment, which they have made obstructing the suit path way.

(3.) After the filing of a detailed written statement by the revision petitioners, an Advocate Commissioner was appointed at the instance of the plaintiffs, who, in turn, has filed his report on 05.09.2011. After the report was received by the Court, the revision petitioners filed I.A. No. 2072 of 2011 in O.S. No. 42 of 2011 seeking permission to file additional written statement and another I.A. No. 2073 of 2011 in O.S. No. 42 of 2011 for filing objections to the Commissioner's report. Since both applications were dismissed by the lower Court, the defendants have filed the above Civil Revision Petitions.