1. The above Second Appeal arises against the Judgment and Decree passed in A.S. No. 40 of 2010 on the file of I Additional District Court, Coimbatore, reversing the fair and final order passed in I.A. No. 1686 of 2009 in O.S. No. 291 of 2009 on the file of Principal Subordinate Court, Tirupur.

2. The first defendant is the appellant and the respondent is the plaintiff. The plaintiff filed a suit in O.S. No. 291 of 2009 for Mandatory Injunction, Declaration and Permanent Injunction.

3. In the suit, the first defendant filed an application in I.A. No. 1686 of 2009 under Order 7 Rule 11 of Civil Procedure Code to reject the pliant. After contest, the trial Court allowed the application and rejected the plaint. Aggrieved over the same, the plaintiff preferred an appeal in A.S. No. 40/2010 and the lower Appellate Court reversed the order passed by the trial Court and allowed the appeal. Against the judgment and decree passed in A.S. No. 40/2010, the first defendant has filed the above Second Appeal.

4. The Writ petition in W.P. No. 23083 of 2011 has been filed by the first defendant in the Suit to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to the proceedings dated 22.08.2011 and quash the same and consequently direct the respondents 1 and 2 to measure the property in G.S.No.805 at Varapatty Village, Sulur Taluk, Coimabtore District by a different Surveyor.

5. The brief case of the plaintiff in O.S. No. 291/2009 is as follows:

According to the plaintiff, the first defendant and her sister Tmt. D. Kalpanarani purchased the properties, comprised in G.S. No. 805 and 269/1 of Varapatty and Vadavedampatty Village in their joint names vide Sale Deed dated 1.07.1972. Under a Registered Partition Deed dated 10.12.1986, the properties were divided among the first defendant and her sister Tmt. D. Kalpanarani . An extent of 14.46 acres comprised in G.S. No. 805, together with half right in the Well, 10 H.P Motor and Pump sets and a right in the passage were allotted to the share of Tmt. D. Kalpanarani, which is the "A" schedule property.

6. The first defendant filed a suit in O.S. No. 72/2008 on the file of District Court, Coimbatore for permanent injunction restraining her sister Tmt. D. Kalpanarani from encumbering or alienating the properties, allotted to her under the Partition Deed dated 10.12.1986 and also for permanent injunction restraining her sister from pumping water from the Well situated in S.F. No. 269/1 to any other property without the consent of the first defendant.

7. In the said suit, the first defendant filed an application in I.A. No. 147/2008 for temporary injunction, which was dismissed by the trial Court and on appeal, preferred by the first defendant, before this Court in C.M.A. No. 1241/2008, the matter was compromised between the sisters and a Memo of Compromise was filed before this Court and the same was also recorded and the judgment was pronounced on the basis of the Memo of Compromise. Under the said Compromise, D. Kalpana Rani relinquished her right of half share in the Well, situated in S.F. No. 269/1.

8. The plaintiff purchased the property from Tmt. D. Kalpana Rani, under a Registered Sale Deed dated 9.5.2008, with specific measurements and boundaries. The property, purchased by the plaintiff, is the suit property. The suit property is situated on the east of the property, owned by the first defendant. The plaintiff came to know that the first defendant appears to have submitted an application before the second defendant to measure the properties. She has also filed a Writ Petition in W.P. No. 29291/2008 for a direction to the second defendant to consider the representation, given by her. This Court, by Order dated 11.02.2008 directed the second respondent to pass order on the representation given by the first defendant.

9. Pursuant to the order of this Court, the second defendant caused notice and measured the entire lands comprised in G.S. No. 805.