L.SUKUMAR Vs. D.VENKADA SUBRAMANIYAN

JUDGEMENT

(1.) K.MURALI SHANKAR. 1. The Civil Revision Petition is directed against the order passed in E.A.No.23 of 2019 in I.A.No.703 (A) of 2012 in O.S.No.263 of 2012, dtd. 23/9/2019, on the file of the Principal District Munsif Court, Palani, dismissing the petition filed under Order 21 Rule 16 of the Code of Civil Procedure.

(2.) The revision petitioner is the petitioner in the interlocutory application and a third party to the suit proceedings. The first respondent/plaintiff has filed a suit in O.S.No.263 of 2012, against the respondents 2 and 3/defendants 2 and 3 and one D.Rajendran, claiming permanent injunction restraining the defendants from damaging the north-south wall situated on the western side of the plaintiff's house and from making any temporary or permanent constructions therein.

(3.) The plaintiff has also filed an application in I.A.No.572 of 2012, under Order 39 Rule 1 and 2 of the Code of Civil Procedure, claiming temporary injunction and obtained interim orders, dtd. 14/9/2012. During the subsistence of the interim order, since the defendants have violated the interim orders passed by the Trial Court, the plaintiff has filed a petition in I.A.No.703(A) of 2012, under Order 39 Rule 2A of Code of Civil Procedure to punish the defendants for disobeying the orders of the Court by attachment of their property and by arresting them and committal to the Civil Prison.