J K RAJENDRAN Vs. C YASODHA AND ANOTHER

JUDGEMENT

(1.) This Civil Revision has been preferred under Article 227 of the Constitution of India, challenging the order, dated 04.03.2013 made in I.A.No.573 of 2012 in the suit in O.S.No.131 of 2012 on the file of the District Munsif Court, Gudiyattam, Vellore District.

(2.) It is seen that the suit in O.S.No.131 of 2012, pending before the District Munsif Court, Gudiyattam was filed by the respondent herein against the petitioner herein and another, seeking declaration of title in respect of "B" schedule property shown as "ABCD" in the rough sketch filed along with the plaint and seeking direction to the defendants, to remove the superstructure raised in the plaint "B" schedule property and also to deliver vacant possession of the same and in the event of failure to do so, permitting the plaintiffs thereon to demolish the same and recover the cost from the defendants and also permanent injunction restraining the defendants from putting up further construction and to pay the plaintiff jointly and severally a sum of Rs.60,000/- as damages with future interest and costs.

(3.) During the pendency of the suit, the Interlocutory Application in I.A. 573 of 2012 was filed by the petitioner / first defendant, under Order 7 Rule 11 of the Code of Civil Procedure (herein after referred to as the Code), seeking an order to reject the plaint, however, by the impugned order, the Court below, dismissed the Interlocutory Application. Aggrieved by which, this Revision has been preferred by the first defendant in the suit, under Article 227 of the Constitution of India.