Madras High CourtCRP(MD)/1655/2016disposed of

Rajagopal v. Duraiyan @ Krishnan,

2018-09-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP(MD)No.1655 of 2016 (NPD) Rajagopal ... Petitioner Vs.

1.Duraiyan @ Krishnan 2.Ramesh Manickam (died) 3.Lakshmanasamy 4.The District Collector, Office of the District Collector, Dindigul.

5.The Tahsildar, Office of the Tahsildar, Palani.

... Respondents Prayer : Civil Revision Petition is filed under Section 115 of Code of Civil Procedure to set aside the order dated 09.12.2015 passed in E.P No.37 of 2013 in O.S No.50 of 2006 on the file of the District Munsif of Palani.

For Petitioner : Mrs.Jessi Jeevapriya for Mr.G.Aravindhan For Respondents : Mr.D.Venkatesh for R3 Mr.M.Karuppasamy, Government Advocate for R4 & R5 No appearance for R1 & R2

ORDER

The plaintiff in O.S No.50 of 2006 on the file of the District Munsif Court, Palani is the revision petitioner herein. The revision petitioner herein filed the said suit for declaration and https://hcservices.ecourts.gov.in/hcservices/

permanent injunction. The same was partly decreed. For executing the same, E.P No.37 of 2013 was filed. The said E.P was dismissed. Challenging the same, this civil revision petition has been filed.

2.This Court went through the materials on record. It is seen that the fourth defendant in his counter filed before the executing court has clearly stated that he has not obstructed the drawal of water from the well that is in Schedule No.5. This averment made by the fourth defendant in the counter affidavit in E.P No.37 of 2013 placed on record.

3.Recording the same, this civil revision petition is disposed of. No costs.

Sd/ Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The District Munsif, Palani.

2.The District Collector, Office of the District Collector, Dindigul.

3.The Tahsildar, Office of the Tahsildar, Palani.

4.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1cc to M/S.P.JESSI JEEVA PRIYA, Advocate, SR.No.84202. +1cc to Mr.D.VENKATESH, Advocate, SR.No.84135. CRP(MD)No.1655 of 2016 (NPD) 12.09.2018 KK/SKN/SAR 4/31.10.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/