K.A. ABUTHAHIR Vs. N. JEEVAKANTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner/third party as well as respondents 2 and 3. It is seen that the suit in O.S. No. 180 of 2013, was filed by the first respondent/plaintiff against respondents 2 and 3 seeking judgment and decree as follows:

(2.) Learned counsel appearing for the petitioner submits that the petitioner is the successful bidder and as directed by respondents 2 and 3, he deposited a sum of Rs. 7,84,800/- and also agreed for the terms and conditions imposed by respondents 2 and 3. However, without impleading the petitioner as necessary party, the first respondent herein filed a suit before the Court below for himself and on behalf of the residents of Tirupur Town, who are travelling by train from Tirupur Railway Station to other stations and got an order of status quo detrimental to the rights of the petitioner, hence, the petitioner has filed this revision and also obtained leave from this Court to maintain the revision, as he was not impleaded as one of the defendants in the suit.

(3.) In spite of service of notice ordered in C.R.P. Sr. 54437 of 2013, there was no representation for the first respondent. Mr. V.G. Suresh Kumar, learned Standing counsel appearing for respondents 2 and 3 submitted that earlier a similar vexatious suit was filed by some other person in O.S. No. 291 of 2006 on the file of the Principal Sub Court, Tirupur and got injunction in I.A. No. 1574 of 2011 against which the Divisional Railway Manager (Commercial), Southern Railway filed revision in C.R.P. (PD) No. 3981 of 2012 whereby this Court (S. Nagamuthu, J.) allowed the revision imposing cost of Rs. 25,000/- on the person who filed the suit stating himself as President, Tirupur Railway Station. Learned Standing Counsel appearing for respondents 2 and 3 drew the attention of this Court to para 11 of the copy of the order passed by this Court on 22.03.2013 in the said C.R.P. as follows: