S.S.Sundar, J. - (1.) The plaintiff in the suit in O.S.No.129 of 2010 on the file of the Additional District Munsif Court, Eraniel, is the revision petitioner herein.
(2.) The revision petitioner filed a suit in O.S.No.129 of 2010 for demarcation of the Northern and Eastern side of the plaint schedule property based on Ex.C.7-plan and the delivery list of the suit in O.S.No.54 of 1976 and to allow the plaintiff to put up the boundaries on the plaint schedule property in the execution proceedings and for other consequential reliefs.
(3.) The learned counsel for the petitioner narrated his case as follows: (i) Alleging that defendant tried to demolish the northern and eastern boundary of the plaint schedule property, the petitioner's father filed O.S.No.104 of 2002. Later his father died and he prosecuted the suit and obtained a decree of permanent injunction dated 01.02.2010, restraining the defendant from removing the boundaries of the plaint schedule property and from disturbing the plaintiff's peaceful possession and enjoyment over the plaint schedule property. Against the judgment and decree made in O.S.No.104 of 2002, the defendant filed an appeal. In the meanwhile, on 15.06.2010, the defendant removed the eastern and northern boundary stones and the fences in the suit property and tried to grab a portion of the suit property with his property. The decree in O.S.No.104 of 2002 was set aside in appeal and the matter was remitted. Later, when the plaintiff was not present in the suit property, on 20.01.2012, the defendant took possession of the plot mentioned as KLMN in the final decree plan in O.S.No.54 of 1976 comprised of 10.552 cents.;