1. Plaintiff in O.S.No.566 of 1993 on the file of Additional District Munsifs Court, Bhavani is the revision petitioner herein.

2. The suit is one for permanent prohibitory injunction to restrain the defendants and their men from interfering with the existing cart track ‘A, B, C, D, E, F’ or altering the existing ‘A, B, C, D, E, F’ track thereby causing dominition of the extent in the blue marked portion in the plaint plan and directing defendants to pay the costs of the suit and afford such other necessary orders as the court may deem fit and proper.

3. In the body of the plaint, plaintiff has stated that there is a cart track ‘ABCDERF’ in the property as marked in the rough plan filed along with the plaint, which is the access to his property. In para.4 of the plaint it is further stated that defendants are also entitled as of right to use the ‘ABCDERF’ cart track by virtue of the recitals in the partition deed No.531 of 1974.

4. Reason for filing the suit was that defendants under the pretext of using the cart track are encroaching upon plaintiffs property. In para.5, it is further said that plaintiff is not preventing the defendants from using the red marked portion