M.PAULRAJ Vs. KULATHUR HINDU NADAR URAVINMURAI SOCIETY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed in I.A.No.171 of 2018 in O.S.No.16 of 2015 dated 14.11.2018 on the file of the learned Principal District Munsif, Vilathikulam.

(2.) The petitioners herein contended that the suit in O.S.No.16 of 2015 filed for the relief of easement rights over the III schedule property, which is a part of the II schedule property and the petitioners further contended that the II schedule property is a poramboke land and the same was used by the defendants during the festival occasion and regarding the same, the suit was filed by the plaintiffs, but after filing of the written statement and also the evidence placed before the trial Court, the petitioners came to understand that the II schedule property is not a poramboke land and it belonged to the defendants by way of purchase. Hence, the petitioners sought for withdrawal of the suit regarding the details that was obtained against the II schedule property and hence, the petitioners sought for permission to file the fresh suit, whereas, the defendants/respondents herein contended that already a sketch to the field in S.No.475/4 and the said document was also marked during cross-examination. The entries relating to Adangal also filed before the trial Court. In cross-examination, Ex.P1 contended that the portion of the land in S.No.475/4 at the eastern side measuring to an extent of 20 feet was utilized by the petitioners and hence, only by filing the fresh suit, the petitioners herein causing any inconvenience to the defendants and if the case is proceeded in the same way, they may not succeed with the same. Hence, with an ulterior motive, the petition has been filed by the petitioners.

(3.) On perusal of the plaint, it is observed that the III schedule property has been shown as pathway to an extent of 2 width, 10 feet and four boundaries and is also furnished in S.No.475/1. Hence, the prayer sought in the plaint is for declaring the plaintiffs Easementary Right over the III schedule property, to pass an order of permanent injunction restraining the defendants and their men from interfering with the enjoyment of easementary right over the III schedule property by these plaintiffs in any way and directing the respondents to pay the cost of the suit to the plaintiffs.