THEAGARAYACHETTY EDUCATIONAL Vs. KORUKKUPETTAI NAANGU CHAKKARA

JUDGEMENT

(1.) This petition is filed to set aside the order passed in I.A.No.3 of 2019 in O.S.No.6019 of 2019 on the file of the learned I Assistant City Civil Judge, Chennai.

(2.) I.A.No.3 of 2019 was filed under Order VII Rule 11 of C.P.C. for rejecting the plaint in O.S.No.6019 of 2019.

(3.) The learned counsel for the petitioner submitted that, O.S.No.2575 of 2017 was filed by the Korukkupettai Naangu Chakkara Vazhana Urimaiyalargal Matrum Ootunargal Nala Sangam, against the petitioner for the relief of permanent injunction, restraining the defendant, their men, agents, power holders, servants or anybody acting on their behalf, from interfering with peaceful possession and enjoyment of the schedule mentioned property, as a statutory tenant thereof, either by forcibly evicting or in any other manner, except through due process of law and that suit was dismissed for default, on 30/10/2018. Again the same Association, has filed the present suit in O.S.No.6019 of 2019 seeking the same relief of permanent injunction, restraining the defendant and their men, agents, representatives are restrained by an order of permanent injunction, from evicting the plaintiff by an unlawful means except by due process of law from the suit scheduled premises.