K R RADHAKRISHNAN Vs. K & N TRADE

JUDGEMENT

(1.) REVISION petitioner is the second defendant in the suit. The suit O.S.No.1757 of 2011 was filed by the first respondent/plaintiff on the file of District Munsif Court, Coimbatore, for the relief of permanent injunction, restraining the defendants, their men and agents from in any manner evicting the plaintiff from the property more fully described in the schedule except following due process of law. Pending the said suit, the first respondent also filed an interlocutory application I.A.No.2266 of 2011 for grant of interim injunction.

(2.) THE case of the first respondent before the trial Court was that he was a firm actively associated with Reliance Telecommunication and engaged in the distribution of e-recharging coupons and peripherals of Reliance group of companies; for the purpose of the said business, the firm had taken on lease the suit premises on 27.05.2006 and 27.12.2006; since the process was a continuous one, the lease period was extended on 21.10.2011; while the activities of the firm were going on, the second respondent herein offered the suit property as security for his business without any intimation to him; on 20.10.2011, he noticed a paper publication stating that the properties were to be auctioned by the fourth respondent and, hence, he filed the suit and also the application for the reliefs stated above.

(3.) THE application I.A.No.2266 of 2011 was allowed by the trial Court by an order, dated 12.01.2012, granting interim injunction. Peeved at the said order, this revision petition is directed.