VEERAMANI AND OTHERS Vs. KALYANI AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 24.11.2014 made in I.A.No.1069 of 2014 in I.A.No.123 of 2013 in O.S.No.43 of 2013 on the file of the District Munsif Court, Attur.

(2.) The petitioners are the plaintiffs and respondents are the defendants in O.S.No.43 of 2013 on the file of the District Munsif Court, Attur. The petitioners filed the said suit for declaring the right of the petitioners to irrigate their lands in 'A' schedule with the water from the well situated in 'B' schedule through the underground water pipe line situated on the western fringe of S.No.106/8E of Kallanathan village and consequently, for permanent injunction and for declaring the right of the petitioners to use the 15 links width south north pathway situated on the entire western fringe of the lands in S.No.106/8E of Kallanatham village to have ingress and egress to their lands in 'A' schedule and consequently, for permanent injunction. The petitioners also filed I.A.No.123 of 2013 under Order 39, Rule 1 and 2 read with sections 94 and 151 C.P.C., for interim injunction.

(3.) The third respondent filed written statement in the month of April 2014 and the same was adopted by the respondents 1 and 2 and are contesting the suit. The respondents filed I.A.No.1069 of 2014 under Order 26, Rule 9 and Section 151 C.P.C. for appointment of an Advocate Commissioner to identify and measure the suit properties with the help of the surveyor by utilising the revenue records of FMB, 'A' register, chitta and adangal and specifically note down the existing physical features of the entire suit properties and note down whether the underground water pipe line is existing in the western fringe of S.No.106/8E of Kallanatham village, Attur Taluk, Salem District and whether the 15 links width pathway is existing in the above said S.No.106/8E and to file a report.