R DURAIKANNU Vs. PAPPATHI (DECEASED)

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order passed by the learned District Munsif, Perambalur in I.A.No.788 of 2007 in O.S.No.345 of 1997 dated 21.07.2007, in and by which, the learned District Munsif, Perambalur has dismissed the Application filed by the respondents to amend the plaint.

(2.) The brief resume of the facts which has culminated in the filing of the Civil Revision Petition are narrated hereinbelow:

(3.) The learned counsel for the petitioner contended that the petitioner had purchased the property with the right of pathway 12 feet x 66 feet from National Highways road and North to South road connecting the road from National Highways Road. Except this pathway, there is no access to the petitioner's property. He has also contended that the pathway right has been given to him by the first respondent. On 16.12.1996, the deceased first respondent had sold the property to the second respondent and the pathway was common to both the petitioner as well as the second respondent. After the second respondent had purchased the property, first and second respondent have colluded together and started obstructing the use of pathway by the petitioner which constrained the petitioner to file the suit.