ALAGAR ALIAS SAVUGAN Vs. A BALUCHAMI

JUDGEMENT

(1.) PLAINTIFFS in O.S.No.3 of 1989 on the file of the District Munsif's Court at Periyakulam are the revision petitioners. The revision is filed under Article 227 of the Constitution of India.

(2.) SUIT filed by the plaintiffs was one for permanent prohibitory injunction restraining the defendants from interfering with their right over the pathway, demarcated as 'EFGH' in the plaint attached to the Plan, and also for a mandatory injunction to remove the obstruction caused in the pathway.

(3.) THE order of the trial Court is challenged in the revision under Article 227 of the Constitution of India. In the various grounds, it is alleged that when a review petition is allowed, the main application should have been restored and the matter has to be re-heard. That opportunity has not been given since the lower Court has again dismissed the amendment application simultaneously. It is also contended that interpretation given to the order of remand is not correct. THE contention is that it is an open remand and that the powers of the trial Court is not restricted.