S RAMASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiffs in O.S.No. 8 of 1993 on the file of the Additional Sub Court, Nagercoil, are the revision petitioners. THE first respondent filed I.A.No. 199 of 97 in the suit under Order 1, Rule 10 of the Code of Civil Procedure for impleading the second respondent as a party to the proceedings. THE learned First Additional Subordinate Judge by his order dated 2.12.1997 has allowed the application and as against that order the present civil revision petition has been filed.

(2.) THE suit has been filed for a declaration and recovery of possession of an approximate extent of 60 acres minus the area covered by R.S.No. 449/1 having an extent of 10 acres 51 cents in the land in R.S.Nos. 449/1, 2 and 3 surrounding properties coming within the stated boundaries in Arumanalloor Village. Thovalai Taluk in Kanyakuman District and for a permanent injunction restraining the first respondent State from interfering with the possession and enjoyment of the plaintiff over the portion of the schedule property excluding R.S.No. 449/1 by itself or through its Officers, servants and men. (Itallics supplied).

(3.) THE learned counsel in support of his submission as relief on the following judgments: