SIVAKUMAR Vs. PADMANABHAN

JUDGEMENT

(1.) THIS Civil Revision Petition had been filed against the docket order, dated 27.6.2007, made in I.A.No.434 of 2007, in O.S.No.176 of 2007, on the file of the District Munsif Court, Gudiyatham.

(2.) THE interlocutory application, in I.A.No.434 of 2007, had been filed by the plaintiff in the suit, in O.S.No.176 of 2007, praying for an order of interim mandatory injunction against the defendant therein to restore the pipe line, which is alleged to have been removed by the defendant. THE suit, in O.S.No.176 of 2007, had been filed by the plaintiff to restrain the defendant therein from, in any way, disturbing the peaceful possession and enjoyment of the pipe line by the plaintiff.

(3.) IN view of the averments made on behalf of the parties concerned and on a perusal of the records available, it is clear that the trial Court had passed the order, dated 27.6.2007, in I.A.No.434 of 2007, directing the defendant to restore the pipe line, without issuing a notice to him. IN such circumstances, this Court is of the considered view that the said order of the trial Court, dated 27.6.2007, is not sustainable in law. Hence, the order, dated 27.6.2007, made in I.A.No.434 of 2007, is set aside. The trial Court is directed to hear and dispose of the interlocutory applications, in I.A.Nos.401 and 434 of 2007, on merits and in accordance with law, after giving sufficient notice of hearing to the parties concerned, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.