KATHIRESAN Vs. SHANMUGHA SUNDARAM

JUDGEMENT

(1.) THE above civil revision petition is directed against the fair and decretal order dated 13.1.1998 made in I.A.No.1807 of 1997 in O.S.No.229 of 1995 by the Court of Additional District Munsif, Ramanathapuram, thereby dismissing the application filed under O.26, Rule 9 of C.P.C., thus declining to re-issue the commission already issued by the court below.

(2.) THE petitioners are the defendants in the suit filed by the respondents for permanent injunction restraining the petitioners/defendants from in any manner interfering with the peaceful possession and enjoyment of the suit properties, the well located therein and further for a mandatory injunction to close the outlets in the southern wall of the petitioners door, and to remove the drainage channel put up therein by the petitioners/defendants.

(3.) THE third decision cited by the learned counsel for the petitioners is reported in Mandera Mukherjee v. Sachindra Chandra , A.I.R. 1962 Pat. 211 wherein it has been held: