RAVICHANDRAN Vs. PURUSHOTHAMAN

JUDGEMENT

(1.) The petitioner is the plaintiff in O.S.No.73 of 2006. The said suit was filed by the petitioner against the respondent herein for a mandatory and permanent injunction. The suit was decreed by the Trial Court on 9/4/2007. The respondent filed an appeal in A.S.No.46 of 2007 before the Additional Sub-Court, Thanjavur, whereby the judgment and decree of the Trial Court in O.S.No.73 of 2006, dtd. 9/4/2007, was confirmed, vide judgment and decree, dtd. 31/10/2007.

(2.) The further appeal was preferred before this Court by the respondent in S.A. (MD)No.652 of 2008. After hearing the parties, the Court had passed the following order on 12/8/2008 in the said second appeal. "9. On a careful consideration of the evidence available on record, it is clear that the suit property has not been described properly. On the other hand, the plaintiff's claim cannot be granted without there being any specific description of the property. Further, both the parties are unable to prove the actual measurement of the property. For want of definite particulars, the case cannot be thrown out of file. Hence, the matter is remanded back to the trial Court to enable both the parties to adduce evidence with regard to the nature of property and its actual measurement. After hearing both the parties, the trial Court is directed to dispose of the suit afresh on merits and in accordance with law. Both the parties shall appear before the trial Court on 16/9/2008. The second appeal is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed."

(3.) After the judgment and decree passed by this Court, by remanding the case back to the Trial Court to enable both the parties to adduce evidence with regard to nature of the property and its actual measurement, the respondent herein filed O.S.No.36 of 2008 on 21/1/2008, for a permanent injunction in respect of the very same property.