V KRISHNAMOORTHY Vs. BALAKRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the Plaintiff in O.S. No. 248 of 2009 before the Vacation Civil Judge (DMC), Coimbatore.

(2.) The Petitioner had filed O.S. No. 273 of 2000 on the file of the Principal District Munsif Court, Coimbatore against his brother, the 2nd Respondent herein for delivery of possession of the suit properties. In the said suit, Schedule 'D' is the property in dispute in the present proceedings. He got an ex parte decree in the said case on 31.07.200. He levied execution proceedings in E.P. No. 133 of 2002 on the file of the above said Court for delivery. In the execution proceedings also, the 2nd Respondent did not appear and delivery was ordered by the Court. When the Court Amin came to deliver the property in favour of this Petitioner, the 2nd Respondent obstructed and thereafter he came with a suit before the Vacation Civil Court, Coimbatore impleading this Petitioner and 2nd Respondent in a suit which was subsequently transferred to the Trial Court in O.S. No. 248 of 2009 for permanent injunction. After filing of the suit, the Petitioner has preferred this revision before this Court under Article 227 of the Constitution praying this Court to strike off the plaint in O.S. No. 248 of 2009.

(3.) In O.S. No. 248 of 2009, the 1st Respondent has alleged that the suit property originally belonged to one Venkatesh Naidu who is the father of the 1st Respondent, that on 07.05.1993 Venkatesh Naidu executed an unregistered declaration deed (Urudhi Mozhi Paththiram) in favour of 2nd Respondent, that this 1st Respondent purchased the property from the 2nd Respondent on 17.09.2008, that the properties in O.S. No. 273 of 2000 and O.S. No. 248 of 2009 are different, that on 28.04.2009, this Petitioner came with Court Amin, police personnel and rowdy elements to vacate the Plaintiff from the suit property and hence he had to file the suit and the same is pending.