1. The 1st plaintiff, since 2nd plaintiff died of the suit in O.S.No.75 of 2009 on the file of Principal Junior Civil Judge, Tuni, is the revision petitioner and revision respondent is the sole defendant.

2. The suit filed was for permanent injunction in relation to plaint plan ABCD lane by removing the constructions said to have been made by the defendant. The claim of the plaintiff is that he purchased the property from the mother of the defendant by name Kantamma. The record shows the defendant earlier filed O.S.No.219 of 1993 for permanent injunction against his brother and mother and the matter was settled before the Lok Adalat. Plaintiff alleges that latter the suit lane was occupied by constructing compound wall obstructing the easementary right of ingress and egress, thereby sought for appointment of an Advocate Commissioner for measurement and demarcation of the lane by measuring the property of the plaintiff and the defendant respectively.

3. The defendant opposed the petition saying the very suit seeking permanent injunction without declaratory relief for alleged removal of construction from plaint plan ABCD lane won’t lie and Exs.A1 and A2 no way relate to plain