K KOTHANDARAMAN Vs. MATHIVANAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed praying that this Court may be pleased to set aside the fair and Decretal order, dated 29.12.2008, made in C.M.A.No.9 of 2008, on the file of the Subordinate Court, Poonamallee, reversing the fair and decreetal order, dated 09.04.2008, made in I.A.No.129 of 2008, in O.S.No.22 of 2008, by the Additional District Munsif Court, Poonamallee.

(2.) THE petitioner herein had filed a suit, in O.S.No.22 of 2008, for bare injunction to restrain the respondents from interfering with his peaceful possession and enjoyment of the suit property. THE petitioner had filed an Interlocutory Application, in I.A.No.129 of 2008, praying for an interim order of injunction. THE trial Court, by its order, dated 09.04.2008, had granted an order of interim injunction. THEreafter, the interim order granted had been made absolute.

(3.) EVEN though the learned counsel appearing on behalf of the respondents had submitted that the possession of the property by the petitioner is illegal possession, this Court is not inclined to decide the said issue, at this stage. It is for the trial Court to give its finding on the said issue. In such circumstances, the order of the Subordinate Judge, Poonamalle, dated 29.12.2008, made in C.M.A.No.9 of 2008, is set aside. Consequently the order of the trial Court, dated 09.04.2008, made in O.S.No.22 of 2008, shall stand revived, on the condition that the petitioner pays a sum of Rs.20,000/- to the respondents, within a period of ten days from the date of receipt of the copy of this order. The learned Judge, Additional District Munsif Court, Poonamallee, is directed to hear and dispose of O.S.No.22 of 2008, on merits and in accordance with law, as expeditiously as possible, not later than four months from the date of receipt of the copy of this order. This Civil Revision Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.