MOHANAVEL, SATHIASEELAN Vs. MURUGANANDHAM, MAHALAKSHMI, V VENUGOPAL

JUDGEMENT

(1.) This petition has been filed by the Petitioners to set aside the fair and decretal order dated 06.05.2011 passed in C.M.A. No. 79 of 2010 on the file of Additional District and Sessions Court/Fast Track Court No. 2, Tiruchirappalli reversing the fair and decretal order dated 20.08.2010 in I.A. No. 319 of 2010 in O.S. No. 436 of 2010 on the file of the Principal Subordinate Court, Tiruchirappalli.

(2.) The nutshell of the case is as follows:

(3.) The Learned Counsel for the revision Petitioners submitted that the appellate court has failed to note that the 1st and 2nd Respondents herein/Plaintiffs have suppressed the suits in O.S. No. 37 of 2010 before Principal District Munsif, Trichy, O.S. No. 216 of 2010 before 1st Additional District Munsif, Trichy and O.S. No. 623 of 2005 before 2nd Additional District Munsif, Trichy. It was also pointed out that the appellate court has failed to give reasons for reversing the well-considered order of the trial court in the injunction application. It also submitted that the appellate court has failed to note that the property involved in the present suit is one and the same of the schedule properties in O.S. No. 37 of 2010, O.S. No. 216 of 2010 and O.S. No. 623 of 2005. It was pointed out that the appellate court while granting injunction in favour of the 1st and 2nd Respondents herein /Plaintiffs, failed to record findings regarding (a) prima facie case (b) balance of convenience and irreparable injury which is against the spirit of order 39, Rule 1 and 2 of code of civil procedure.