JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 11.01.2023 made in IA.No.3 of 2022 in OS.No.141 of 2022 on the file of the District Munsif Court, Perundurai, by allowing this Civil Revision Petition.)

This Civil Revision Petition is filed by the first Defendant in OS.No.141 of 2022 on the file of the Learned District Munsif Court, Perundurai.

2. It is the contention of the Learned Counsel for the Revision Petitioner that the Plaintiff in OS.No.141 of 2022 had filed a suit for declaration of his right in the cart track in RSF.No.579/19A, 579/12B, 579/11J and RSF.No.579/11A from North-South road in RSF.No.578 to RSF.No.579/5 of Nichampalayam Village in Perundurai Taluk.

3. It is the further contention of the Plaintiff in the suit that the adjacent land owner to the suit property had been preventing the Plaintiff from using common cart track pathway. It is the further contention in the plaint that the cart track had been used in common for more than 50 years. Therefore, he had sought an appointment of Advocate Commissioner in IA.No.3 of 2022 in OS.No.141 of 2022.

4. It is the contention of th