C.R.P(MD).No.1112of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

C.R.P(MD).No.1112 of 2023

and

C.M.P(MD).No.5361 of 2023

1.Vijaya Sarathi

2.Balachandran ... Petitioners/Petitioners/Defendants

Vs.

Dr.Bhagavathi Ammal ... Respondent/Respondent/Plaintiff

PRAYER:- This Civil Revision Petition has been filed under Article 227 of

the Constitution of India, to set aside the order dated 23.03.2023 passed in

I.A. No.14 of 2022 in O.S. No. 143 of 2019 on the file of the Principal Sub

Court, Nagercoil and allow the Civil Revision Petition.

For petitioner : Mr.I.Robert Chandrakumar

ORDER

This Civil Revision Petition has been filed by the petitioners to set

aside the order dated 23.03.2023 passed in I.A. No.14 of 2022 in O.S. No.

143 of 2019 on the file of the Principal Sub Court, Nagercoil.

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C.R.P(MD).No.1112of 2023

2.The petitioners are the defendants before the Principal Sub Court,

Nagercoil in O.S.No.143 of 2019 filed by the respondent herein (plaintiff).

The suit has been filed by the respondent for the following reliefs:-

'(A) For declaration of plaintiffs pathway right over

the plaint 'B' scheduled private common pathway and her

right over the same for her use as an access to ingress and

egress to her plaint'A' scheduled house property to and from

the main east-west road on the south of the plaint 'B'

schedule common pathway as shown in the plaint rough

plan.

(B) For an order of permanent injunction restraining

the defendants and their men and servants from causing any

disturbance or obstruction or interferance with the plaintiff's

joint right, possession and enjoyment over the plaint 'B'

schedule private common pathway and her use of the same

as an access to ingress and egress to her plaint'A' scheduled

house property to and from the main east-west road on the

south of the plaint 'B' schedule common pathway as shown

in the plaint rough plan in any manner. Whatsoever, till the

disposal of the suit.

(C) For an order of mandatory injunction direction

and compelling the defendants and their men and servants to

take out and remove all the obstruction materials like stones

etc., from the plaint 'B' schedule pathway and to demolish

and remove the newly constructed obstruction wall on the

southern side of the said pathway as shown in the plaint

rough plan and to restore and maintain the said common

pathway as stated in plaintiff's sale deed dated 28.11.2018 in

its original condition and if the defendants fail to do the

same, plaintiff be allowed to do the same through the

execution proceedings in this case and to realize the entire

expenses for the same from them as if it were the costs of

the suit;

(D) For realization of Rs.1,20,000/- (Rupees One

Lakh) and Twenty Thousand Only) as damages, from the

defendants and their assests with 12% interest on the same,

from the date of plaint (22.04.2019) till date of realization of

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C.R.P(MD).No.1112of 2023

full amount to the plaintiffs from the defendants jointly and

severally;

(E) For realization of full costs of the suit from the

defendants and their assets;

(F) For such other reliefs as this Court deem firt and

necessary in the circumstances of this case and in the

interest of justice from the defendants to the plaintiffs; '

3.The petitioners are aggrieved by the impugned order dated

23.03.2023 passed by the Principal Sub Court, Nagercoil in I.A. No.14 of

2022 in O.S. No. 143 of 2019 The operative portion of the impugned order

reads as under:-

'10.tHf;fwpQh; Mizah; jd;Dila mwpf;ifapy; 'gp'

gl;oif brhj;jpy; bjw;F gf;f mst[ 28 mo vd rhpahfj;jhd;

Fwpg;gpl;oUf;fpwhh;. mt;thW bjw;F gf;fk; cs;s Rtw;wpy;

4mo mst[f;F jpwg;g[ cs;sJ vd;gija[k; rhp