K THAKSHINAMOORTHY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The defendants in O.S. No. 69 of 1999 in I.A. No. 63 of 1999 are the petitioners in this revision petition. The respondent is the plaintiff. The present revision petition has been filed as against the order of the learned First Additional Subordinate Judge, Madurai made in I.A. No. 279 of 1999 in I.A. No. 63 of 1999 in O.S. No. 69 of 1999. The parties are referred to as they are arrayed in the suit.

(2.) The plaintiff State Bank of India, Arasaradi Branch, Madurai represented by its Branch Manager filed a suit against the defendants for a judgment and decree for permanent injunction restraining the defendants from alienation/selling the scheduled properties or to create any charge over the same. Pending the suit, the plaintiff also filed I.A. No. 63 of 1999 seeking for interim injunction restraining the defendants from alienating the properties.

(3.) The defendants filed I.A. No. 279 of 1999 for a direction under Order VII, Rule 11 of C.P.C.to reject the plaint filed in O.S. No. 69 of 1999 as not maintainable. By filing a common counter, the defendants also prayed for vacation of the order of ad interim injunction granted in favour of the plaintiff in I.A. No. 63 of 1999 dated 21-1-99.