G.RAJASURIA
T. C. Dharmalingam – Appellant
Versus
S. Chinnasamy – Respondent
1. Animadverting upon the order dated 16.7.2009 passed by the I Additional Subordinate Judge, Erode, in I.A.No.846 of 2008 in A.S.No.94 of 2006, this civil revision petition is focused.
2. Heard both sides.
3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this revision petition would run thus:
(i) The respondent herein, as plaintiff, filed the suit seeking the following reliefs:
"(a) grant a permanent injunction against the defendants restraining them, their men, agents etc., from in any manner interfering with the peaceful possession and enjoyment of the A,B,C,D suit Channel, and;
(b) direct the defendants to pay the plaintiff the cost of the suit."(extracted as such)
(ii) Written statement was filed by the petitioners herein/defendants resisting the suit.
(iii) During the pendency of the original suit, Advocate Commissioner was appointed, at the instance of the trial Court and after getting the Commissioner’s report and also recording the evidence, judgement was delivered to the effect that the plaintiff was entitled to injunction in respect of the suit channel, measuring 2 = feet width and not four feet width as set out in the plaint
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