ORDER: Heard Mr.Shiva Shanmugham, Government Advocate, appearing on behalf of the petitioner. Even though notices have been served on the respondents on 3.12.2001, there is no representation on behalf of the respondents.

2.1. The revision petitioner is the defendant in O.S. No.833 of 1978 laid by the respondents/ plaintiffs for a decree and judgment to declare that the compound wall is within the boundary of the plaintiffs’ land in T.S. No.230/1 and consequently, restraining the defendant from demolishing the same by means of a permanent injunction.

2.2. The respondents/ plaintiffs filed the suit on a specific plea that they had purchased the suit building and vacant site in T.S. No.230/1 in Block No.3 of T.S.Ward No.3 of Palayamkottai Municipality and therefore, had prayed for the said declaration.

2.3. The suit was resisted by the revision petitioner/ defendant contending that even though the respondents/ plaintiffs had purchased the property located in T.S. No.230/1, they had raised a compound wall not in T.S. No.230/1, but in T.S. No.234, which lies west of T.S. No.230/1.

2.4. Upon the above rival contentions, the suit was originally decreed by the learned Principal District Munsif

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