T GUNABALAN Vs. T SELVALRAJAN

JUDGEMENT

(1.) THE petitioner/Respondent/Judgment Debtor has filed the Present Civil Revision petition as against the order dated 03.07.2009 made in R.E.P.No,404 of 2007 in O.S.No,584 of 2003 by the learned I Additional District Munsif, Salem in directing the removal of encroachment made by the Revision petitioner/Respondent in the suit property with the help of Court Amin and also by taking the assistance of the Government Land Surveyor and the said encroachment has been ordered to be removed within a period of two weeks from the date of passing of the decree in the appeal.

(2.) IN the instant case on hand, a perusal of the judgment passed by the first appellate Authority in A.S.No 10 of 2006 dated 20.04.2006 clearly shows that "INspite of notice, the revision petitioner/first defendant has put up construction having known the "B" schedule property is a common pathway. IN all aspects, the plaintiff has proved his case and therefore, he is entitled for the relief of mandatory injunction and to remove the encroachment in "A" Schedule property and further , since it is a common pathway, the affected party could file the suit and so, there is no necessity to include the other brothers as parties in the suit to protect the common interest" and consequently, the relief of permanent injunction has been granted by the Appellate Court in allowing the appeal and two months' time has been granted to remove the encroachment.

(3.) ON going through the order passed by the Executing Court, in regard to its direction in removing the encroachment by directing the court Amin to remove the encroachment and also to take the help of a government land surveyor to clear the encroachment, this court does not find any illegality in the said order and resultantly, the Civil Revision petition fails.