FAREEDA Vs. RAJAN BABU

JUDGEMENT

(1.) This petition by Fareeda, defendant No. 1, in O.S.No.18/91 is against the order in C.M.ANo.73/91 made by the District Judge, Kozhikode, who reversed the order of the Munsiff, Kozhikode in I.A. No.87/91 and granted to the plaintiff, P. Rajan Babu, an injunction restraining the defendant No. 1 from taking possession of or interfering with the possession of a shop consisting of two rooms. The defendant No. 1 is the owner of the shop. The defendant No.2, Krishnan, claim to have been the sole tenant of the defendant No. 1.

(2.) The defendant No. 1 filed C.M.P.No.3370/91 with a prayer that the judgment in R.C.P. No. 154/86 be taken on record of this revision petition as additional evidence. The judgment in R.C.P.No.154/86 is between Fareeda, defendant No. 1, and Krishnan, defendant No.2. Although counter affidavit has been filed by the plaintiff, there is no opposition to the grant ofC.M.P.No.3370/91. Accordingly, I allow this C.M.P.

(3.) There is one more C.M.P. viz. C.M.P.No.2954/91 by the plaintiff Rajan Babu. According to him, the petitioner taking advantage of the interim stay of operation of the impugned order granted by this court, forcibly dispossessed the plaintiff. He, therefore, prays that since the plaintiff has been dispossessed by abuse of the process of this court, possession of the shop be restored to the plaintiff. I will consider this petition after disposal of C. R. P. No. 1687/91.