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2005 Supreme(Mad) 1257

R.BANUMATHI
P. Poondia Gounder – Appellant
Versus
Ramasamy Udayar & Others – Respondent


Advocates Appeared:For the Petitioner:S. Rajendrakumar, Advocate. For the Respondents: No appearance.

Judgment :-

This Civil Revision Petition is directed against the order dated 11.12.2001 passed by the Principal District Munsif, Namakkal in I.A.No.803 of 2000 in O.S.No.49 of 1999, dismissing the Amendment Application filed under Order VI Rule 17 C.P.C. The Plaintiff is the Revision Petitioner.

2. O.S.No.49 of 1999:- According to the Plaintiff, the Suit Property in S.No.46/1, 47/1 in Kalappanayakkan Patti Village belongs to the Plaintiff. The Plaintiff purchased the Suit Property from one Ayyammal by a Sale Deed dated 20.03.1973 for a sum of Rs.28,250/-. The Plaintiff is in enjoyment of the Suit Property. The Plaintiff’s property is on the Southern Side. His property is shown to be "P”, "P1” and the Well is "W1” in the plaint Plan. Case of the Plaintiff is that Cart Track leading from Kalappanayakkan Patti and Kollimalai Main Road proceeding in S.No.46/4 and 46/3 reaches the Plaintiff’s House marked as "H” in the Plaint Plan. According to the Plaintiff, the Plaintiff is in enjoyment of the Pathway as of right and also by easementary right. The Plaintiff is using the Pathway for taking the Cart, Tractor and Trailer and other vehicles. Defendants 1 and 2 who are owning the lands on


















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