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2020 Supreme(Mad) 680

R.SUBRAMANIAN
Saraswathy Ammal – Appellant
Versus
Govindan – Respondent


Advocate Appeared:
For the Appellant :A. Arulmozhi, Advocate.
For the Respondents:R. Bharanidharan for M/s. R. Karthikeyan, Advocates.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order and decree of the Additional District Munsif, Cuddalore dated 24.11.2017 passed in I.A.No.447 of 2016 in O.S.No.34 of 2016 dismissing the petition to reject the plaint.)

This matter is taken up for hearing through Video-Conferencing.

1. The defendants in OS No.34 of 2016, have come up with this Civil Revision Petition. Challenging an order dated 07.06.2016 made in IA No.447 of 2016, in and by which, the Trial Court dismissed the application for striking out the plaint filed under Order 6 Rule 16 of the Code of Civil Procedure.

2. The suit was laid by the respondents/ plaintiffs seeking declaration of title and permanent injunction or in alternative declaring the plaintiffs’ easementary right over the suit property and for permanent injunction restraining the defendants from interfering and causing any obstruction to the plaintiffs’ peaceful possession and enjoyment of the suit property as pathway in exercise of easementary right over the same.

3. The plaintiffs sued for the above said reliefs contending that the property is a private pathway leading to the sec

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