U. SANGEETHA Vs. R. ULAGAPEROLI AND ORS.

JUDGEMENT

(1.) The matter is heard through "Video-Conferencing"?Civil Revision Petitions are filed against the fair and decretal order dated 25.01.2016 and 22.06.2016 made in I.A.Nos.137 of 2015 and I.A.No.1454 of 2014 in O.S.No.266 of 2014 on the file of the District Munsif Court, Maduranthagam.

(2.) The parties are referred to as per their respective ranks in C.R.P.(PD) No.236 of 2017.

(3.) The petitioner is 1st defendant, 1st respondent is the plaintiff and the respondents 2 and 3 are the defendants 2 and 3 in O.S.No.266 of 2014 on the file of the District Munsif Court, Maduranthagam. The 1st respondent filed the said suit for permanent injunction restraining the petitioner from alienating or encumbering the suit property to third parties and restraining the 2nd respondent not to register any sale deed in respect of suit properties executed by the petitioner in favour of the third parties. The 1st respondent filed I.A.No.137 of 2015 under Order II Rule 2 of C.P.C. for permission to file a suit for specific performance against the petitioner at a later stage. The petitioner filed I.A.No.1454 of 2014 under Order VII Rule 11 of C.P.C. to reject the plaint in O.S.No.266 of 2014. While the said petition was pending, I.A.No.137 of 2015 filed by the 1st respondent for leave of the Court to sue the petitioner for specific performance of agreement of sale at a later stage was numbered and taken up for hearing. The petitioner filed counter affidavit and sought for dismissal of the petition filed under Order II Rule 2 of C.P.C., on the ground that the 1st respondent has filed suit for injunction only based on the unregistered sale agreement dated 16.05.2012. He has not filed any suit for specific performance. The alleged unregistered sale agreement is created for threatening the petitioner. The Court ought to have decided the petition filed under Order II Rule 2 of C.P.C. for leave of the Court before the suit was taken on file.