THOMAS Vs. JOSEPH

JUDGEMENT

(1.) The petitioner in these revision petitions is the defendant in O.S.No.160 of 2019 on the files of the court below. The plaintiff filed the above suit praying for a decree of permanent prohibitory injunction restraining the defendant and others under him from trespassing into the plaint schedule property and forcibly setting up residence therein and making any threat or challenge to the plaintiff. Along with the suit, the plaintiff filed I.A.No.868 of 2019 praying for an interim prohibitory injunction inter alia restraining the defendant from trespassing into the plaint schedule property and interfering with the peaceful enjoyment of the property by the plaintiff. After the appearance of the defendant, the defendant filed I.A.No.1501 of 2019 praying for an order of interim prohibitory injunction, restraining the plaintiff and his men from interfering with the peaceful living of the defendant and his family in the plaint schedule property and from evicting the defendant from the plaint schedule property forcibly without recourse to due process of law.

(2.) The learned Munsiff as per common order dtd. 10/4/2019, dismissed I.A.No.866 of 2019 and partially allowed I.A.No.1501 of 2019, against which the plaintiff filed appeals. As per common judgment dtd. 18/11/2019 in CMA Nos. 3/2019 and 4/2019, the Appellate Court allowed the appeals setting aside the order passed by the Munsiffs court. Aggrieved by the said common judgment, these revision petitions have been filed by the defendant.

(3.) Heard both sides.