(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated August 31, 2010, made in A.S. No.8 of 2010 on the file of the Subordinate Court, Tiruchengode, reversing the Judgment and Decree dated November 18, 2009 passed in O.S. No.224 of 2007 on the file of the Additional District Munsif Court, Tiruchengode.)

1. Feeling aggrieved by the Judgment and Decree dated August 31, 2010 made in A.S. No.8 of 2010 by the Subordinate Court, Tiruchengode, wherein and whereby the Judgment and Decree dated November 18, 2009 passed in O.S. No.224 of 2007 by 'the Additional District Munsif Court, Tiruchengode' ['Trial Court' for brevity] was reversed, the respondent in the Appeal Suit who is the defendant in the Original Suit, has preferred this Second Appeal.

2. For the sake of convenience, the parties will be referred to as per their array in the Original Suit before the Trial Court.

3. The case of the plaintiffs is that Item No.2 of the suit property situate south of Item No.1 thereof. An east-west panchayat road runs on the north of Suit Item Nos.1 and 2 connecting Illupuli and Unjanai road. A Cart Track branches off from the above road running towards south enters S.No.101, a village poromboke land and then into S.Nos.220/2, 220/3 and again 220/2, then into S.No.220/4 and enters S.No.223/1. This Cart Track runs on the western extremity of the above-mentioned four survey numbers. This Cart Track is shown as ‘A, B, C, D, E, F, G, H’ in the rough plan attached with the plaint is the Item No.3 of suit property.

4. The recitals in Ex-A.1 - Sale Deed dated March 30, 1935 [Document No.727 of 1935] reads thus:





5. According to the plaintiffs, in Ex-A1 - Parent Sale Deed of the plaintiffs, a typographical error occurred while describing the Suit pathway – It is wrongly described as if the suit pathway runs in S.No.220/5, while according to the plaintiffs it actually runs in S.No.220/2 and 220/3.

6. The recitals in Ex-A.2 - Sale Deed dated September 15, 1978 reads thus:



7. The recitals in Ex-A.3 - Sale Deed dated July 10, 1989 reads thus:





8. The recitals in Ex-B.2 - Partition Deed dated October 22, 1993 reads thus:



9. The recitals in Ex-B.3 – Sale Deed dated May 11, 1992 reads thus:



10. In this case, Advocate-Commissioner was appointed and he has filed a report (Ex-C.1) along with a plan (Ex-C.2). It appears that the defendant did not file any objection to Ex-C.1 and Ex-C.2. In these circumstances, this Court is of the view that whether the Cart Track shown in Ex-C.1 and Ex-C.2 runs on the extreme extremity of Survey No.220 or it runs through S.Nos.219, 217 and 220 or runs in between 219, 217 and 220 is unclear.

11. This Court is of the view that the actual lie and location of the Cart Track shown in Ex-C.1 and Ex-C.2 is very much essential to decide the Second Appeal. Hence, this Court directs the Trial Court to reappoint the same Advocate-Commissioner along with a Surveyor to identify the Cart Track and find out whether it runs in S.No.220 as alleged by the plaintiffs or through S.Nos.219, 217 and 220 as described in the documents, and also to find out whether any other pathway is available in S.No.220/5 as described in Ex-A.1. If it is so, the Advocate-Commissioner shall cleary set out the lie and location of the other pathway in his report and plan. The Trial Court shall re-issue the Advocate-Commissioner’s warrant and get the report and plan and submit the same before this Court not later than sixty days from today viz., June 22, 2026. If the same Advocate-Commissioner is not available or not in practice, the Trial Court shall appoint a suitable Advocate-Commissioner along with a qualified Surveyor. Both the parties shall bear the Advocate-Commissioner’s remuneration to be fixed by the Trial Court equally.

12. List the matter on August 24, 2026.

13. To be noted, at the time of admission of the Second Appeal, this Court has directed both the parties to maintain status quo prevailing as on August 31, 2010 vide Order dated November 26, 2010 passed in M.P. No.1 of 2010 in S.A. No.1472 of 2010 until further orders.