LAWS(MAD)-2012-7-366

KADAI ABDULLAH Vs. S SHANTHI

Decided On July 24, 2012
KADAI ABDULLAH Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) ANIMADVERTING upon the orders passed (i) in E.A.Nos.209 and 210 of 2011 in E.P.No.180 of 2003 in S.S.No.775 of 1995 dated 29.09.2011 by the learned Subordinate Judge, Chengalpattu and (ii) in I.A.No.310 of 2011 in O.S.No.639 of 2006 dated 27.01.2012 passed by the learned Principal District Munsif, Alandur, these civil revision petitions are focussed.

(2.) A thumbnail sketch of the germane facts in a few broad strokes, could be encapsulated thus:

(3.) IN the meanwhile, it so happened that the said Shanthi who happened to be the auction purchaser filed two applications, viz., E.A.Nos.209 and 210 of 2011, before the Additional Subordinate Judge, Chengalput with the following prayers, "E.A.No.209 of 2011: To grant ad-interim injunction restraining the fourth respondent from registering the case against me, in respect of the schedule mentioned property without the leave and permission of this Court. E.A.No.210 of 2011: To grant ad-interim injunction restraining the third respondent, their men, agents and anybody claiming through or under him from interfering with the lawful ownership, possession, occupation and enjoyment of the petitioner in and over the immovable property morefully and particularly described in schedule thereunder except with the due process of law." (extracted as such) on the main ground that even though the Court after confirming the sale and issuing the sale certificate, delivered possession of the suit property to Shanthi, the plaintiffs in O.S.No.639 of 2006 attempted to trespass into the suit property and give trouble to her and over and above that, they also approached the police with complaint, so as to dispossess her of the property, which was delivered to her by the Court. Whereupon the Court passed orders in both the applications, the operative portion of them would run thus: