K. DEENADAYALAN Vs. N. SATHISH KUMAR

JUDGEMENT

(1.) C.R.P.(PD).No.941 of 2011 is filed by the fourth defendant in O.S.No.35 of 2010 on the file of the Subordinate Court, Nilgiris at Udhagamandalam, aggrieved by the order of interim injunction granted in I.A.No.153 of 2010, confirmed in C.M.A.No.26 of 2010 on the file of the District Court, Nilgiris at Udhagamandalam. .

(2.) C.R.P.(PD).No.2496 of 2011 is filed by the very same fourth defendant in the said suit, challenging the order of the trial Court in dismissing his application filed under Order 7 Rule 11 CPC for rejection of plaint.

(3.) The respondent in these two Civil Revision Petitions is one and the same and he is the plaintiff in the abovesaid suit filed for declaration that the sale by public auction and the Sale Certificate issued pursuant to the public auction by the sixth defendant, namely the Recovery Officer of the Debts Recovery Tribunal, Coimbatore, to the fourth defendant, namely the petitioner herein in respect of the first schedule property, are null and void, unenforceable and not binding on the plaintiff; for injunction restraining the defendants from interfering or disturbing the peaceful possession and enjoyment of the plaintiff in respect of the second schedule property and for partition of the first schedule property and allotment of separate possession of the second schedule property forming part of the first schedule property, to the plaintiff.