(1.) THESE four appeals arise out of the common order [09.02.2011] in and by which, the learned single Judge dismissed the application (O.A.No.1191 of 2010) declining to grant interim injunction and declining to implead the Inspector of Police, Law and Order, Kodungaiyur Police Station (A.Nos.849 and 853 of 2011) and also dismissing the application filed under Order 39 Rule 2 A C.P.C. (A.No.850 of 2011). Plaintiff is the Appellant in all the appeals. For convenient, the parties are referred as per their array in the suit.
(2.) PLAINTIFF and Defendants 2 to 4 are the sons and daughters of the 1st Defendant and late Dhandapani. The suit property is Plot No.180, New No.6/180, Phase I, Kaviarasu Kannadasan Nagar, Kodungaiyur, Chennai-118 measuring an extent of 1500 sq.ft. 1st Defendant is the physically handicapped person and was an employee in the Central Government as a Clerk. 1st Defendant took voluntary retirement in the year 2001. Tamil Nadu Housing Board [TNHB] has allotted the suit property [Plot No.6/180] in the year 1982 in favour of the 1st Defendant. On payment of entire dues, TNHB has executed the sale deed in Doc. No.4539 of 1992 in favour of the 1st Defendant. House was constructed in the ground floor in 1983-1984 by the 1st Defendant. The marriages of PLAINTIFF and Defendants 2 to 4 were solemnised during the years 1990, 1995, 2004 and 2001 respectively.
(3.) ALONG with the suit, Plaintiff had also filed O.A.No.1191 of 2010 seeking for temporary injunction restraining the Defendants from disturbing his possession. In the said application, interim injunction was granted on 23.11.2010. In the meanwhile, 1st Defendant sold the property to Defendants 5 and 6 on 14.10.2010. Thereafter, Defendants 5 and 6 have filed O.S.No.13702 of 2010 on 26.11.2010 on the file of I Assistant Judge, City Civil Court, Chennai and obtained interim injunction. In the present suit C.S.No.933 of 2010, Defendants 5 and 6 have filed A.No.419 of 2010 under Order 39 Rule 3 CPC for vacating the interim injunction granted on 23.11.2010 in O.A.No.1191 of 2010.