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1976 Supreme(Mad) 137

S.RATNAVEL PANDIAN
Thambuswamy Padayachi and another – Appellant
Versus
Sridharan (minor) represented by guardian father Linga Reddiar – Respondent


Advocates:
N. Srinivasagopalan, for Petitioners.
V. Sridevan, for Respondent.

Order: The respondents B. Party in M.C. No. 13 of 1974 on the file of the Sub-Divisional Magistrate and Sub-Collector, Chidambaram, have filed this revision petition seeking to revise the order of the lower Court under section 147 (3), Criminal Procedure Code, directing the channel in dispute to be restored and the obstruction to the path to be removed.

2. The respondent herein belonging to A-party filed a petition under section 147, Cr.P.C, requesting the lower Court to restore to its original position the obliterated patta channel running south of R.S. No. 106/1 and 106/3 and North of R.S. No. 106/6, 106/10 and 106/11 and ending in R.S. No. 104/3 of Chinnanergunam village, Chidarmbaram taluk, within the limits of jurisdiction of the lower Court, for irrigation purposes and also to remove the fence put up in R.S. No. 107/1 of the said village for the free usage of pedestrians and for taking cattle for agricultural operations. Both parties filed their respective written statements in respect of their claims over the channel and usage of the pathway. Four witnesses on the side of the A-party and four witnesses on the side of the B-party including the respective parties were examined.










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