LAWS(MAD)-2011-2-283

AZAM BAIG Vs. KALIKAMBAL BENEFIT FUND LIMITED

Decided On February 11, 2011
AZAM BAIG Appellant
V/S
KALIKAMBAL BENEFIT FUND LIMITED Respondents

JUDGEMENT

(1.) The present revision is directed against the order dated 03.11.2010 of the learned II Assistant Judge, City Civil Court made in I.A. No. 16723 of 2010 in O.S. No. 4750 of 2007.

(2.) The Plaintiffs in the aforesaid suit are the Petitioners herein and the first Defendant thereon is the Respondent herein.

(3.) The Petitioners have filed the said suit against the Respondent and few others for declaration that the public auction held on 27.06.2007 in respect of the first Petitioner's property at Chennai is not binding on the first Petitioner and for granting consequential injunction restraining the Respondent and other Defendants from claiming rights through them, from in anyway acting in furtherance of the alleged public action said to have been conducted on 27.06.2007 and declaring that the sale deed dated 09.11.2007 in favour of the Defendants 4 and 5 in the said suit executed by the third Defendant as void. In the said suit, the Respondent herein has taken out an application in I.A. No. 16723 of 2010 to defer the cross-examination of PW-1 till the first Petitioner is examined in full as a witness. The said application was allowed by the Court below by its fair and final order dated 03.11.2010. The said order is under challenge in the present Civil Revision Petition.