A PERIYASAMY Vs. P ESWARAN

JUDGEMENT

(1.) THIS petition has been filed against the fair and final order, dated 24.11.2009, made in I.A.No.1222 of 2009, in O.S.No.299 of 2009, on the file of the District Munsif, Tiruppur, Tiruppur District.

(2.) THE petitioner had stated that he had filed a suit in O.S.No.299 of 2009, on the file of the District Munsif, Tiruppur, praying for a declaration to declare the suit property as a cart track and to register the same in the revenue records, as such and to restrain the third and the fourth defendants therein from obstructing the plaintiff from using the suit property, as the common cart track and to restrain the defendants from obliterating the cart track and to restrain them from interfering with the plaintiff's peaceful use of the suit property.

(3.) THE learned counsel appearing on behalf of the respondents had submitted that the respondents had not caused any obstruction in the common cart tack, in violation of the order of interim injunction granted by the trial Court, on 4.11.2009, in I.A.No.945 of 2009. THE learned counsel for the petitioner has not been in a position to show that the obstructions had been caused by the respondents after the order of interim injunction had been granted by the trial Court, on 4.11.2009. THE petitioner has not been in a position to show that the obstructions had been caused by the respondents, who are the defendants in the suit, in O.S.No.299 of 2009, after the order of interim injunction had been granted by the trial Court, on 4.11.2009. In such circumstances, the trial Court had dismissed the application, in I.A.No.1222 of 2009, filed by the petitioner.