SEKAR @ CHANDRASEKARAN Vs. KAMALAVENI

JUDGEMENT

(1.) THE Petitioner/Plaintiff has focussed the present Civil Revision Petition as against the order dated 18.08.2009 in I.A.No.108 of 2009 in O.S.No.370 of 2005 passed by the Principal District Munsif, Mayiladuthurai.

(2.) THE trial Court viz., the Principal District Munsif, Mayiladuthurai, while passing the orders in I.A.No.108 of 2009 in O.S.No.370 of 2005 on 18.08.2009, has, among other things, observed that 'THE contention by the Respondents that this Court becomes 'functus officio' is acceptable. THE petitioner claimed that M.P.No.1/2007 in S.A.No.552/2007 filed to suspend the decree and judgment was dismissed. This alone could not be a ground seeking the relief of police protection before this Court. THE petitioner also did not make out a case warranting immediate and absolute urgency to interfere and to pass an order in his favour. THE petition was taken on file on 25.3.2009. Counter filed on 17.7.2009. Heard on 10.8.2009. THE Second appeal also in the stage of final decision. THEre is chance if any order is passed in this petition it may become contrary to the decision of High Court of Judicature. Hence this Court is of considered opinion that there is no case made out by the petitioner to enforce inherent power under Section 151 C.P.C.' and consequently, dismissed the application without costs.

(3.) PER contra, it is the submission of the Learned Counsel for the Respondents/Defendants that the suit O.S.No.370 of 2005 filed by the Revision Petitioner/Plaintiff seeking the relief of permanent injunction has been dismissed by the trial Court at the first instance and in A.S.No.83 of 2006 filed by the Revision Petitioner/Plaintiff, the Judgment and Decree in O.S.No.370 of 2005 has been reversed and as against the Judgment and Decree dated 23.11.2006 in A.S.No.83 of 2006, Second Appeal No.552 of 2007 has been preferred by the Respondents/Defendants and as on date, the same is admittedly pending before this Court.