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2023 Supreme(Online)(MAD) 17003

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice K. GOVINDARAJAN THILAKAVADI
RAJARAM – Appellant
Versus
VAIDEGI – Respondent


O R D E R

This revision is preferred as against the order passed in I.A.No.01 of

2023 in O.S.No.10 of 2023, dated 15.06.2023 on the file of the District Munsif Court, Theni.

2. The above suit in O.S.No.10 of 2023 was filed by the respondents

1 and 2/plaintiffs for the relief of declaration of title and permanent injunction and also mandatory injunction in respect of the first schedule in the suit property. During the pendency of the suit, the respondents 1 and 2 filed an application for appointment of an Advocate Commissioner in I.A.No.01 of 2023 and the same was allowed by the trial Court. Aggrieved by this, the revision petitioner/defendants have preferred the above revision by stating that the respondents 1 and 2 are claiming a pathway in Survey Nos. 193/3H, 193/3I and 193/3J in the southern side. It is further submitted that the said land is the patta land as per the revenue records and it is not a common pathway and the same is used by the revision petitioners and the respondents 3 to 6 as their own pathway. His further submission is that as per the revenue records, the said land is classified as patta land belonging to the petitioners and the respondents 3 to 6 and they are in e

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