M. RAJA Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE prayer in the Writ Petition is for issuance of a Writ of Mandamus forbearing the second respondent from interfering in a civil dispute between the petitioner and the third respondent, relating with the property in S. No. 2343/2, measuring an extent of 3 Acre 54 Cents at Allinagaram Village, Theni District, which is a subject matter of the suit in O.S. No. 180/2008, on the file of District Munsif, Theni.

(2.) HEARD Mr. R. Suriya Naryanan, learned counsel for the petitioner and Mr. N.S. Karthikeyan, learned Additional Government Pleader for the respondents 1 and 2.

(3.) LEARNED counsel for the petitioner submitted that the third respondent mortgaged the property in S. No. 2343/2, measuring an extent of 3 Acres 54 Cents at Allinagaram Village, Theni District, in favour of the petitioner and his father and they are in possession and enjoyment of the same for more than five decades. The third respondent in order to redeem the said mortgage filed a suit for redemption in O.S. No. 180 of 2008 on the file of District Munsif Court, Theni and the learned District Munsif, passed a preliminary decree on 31.03.2011. Further, the third respondent filed an application in I.A. No. 142 of 2014 under Section 152 C.P.C., to rectify certain defects in the preliminary decree dated 31.03.2011 and the said petition appears to have been allowed by the Court below on 03.06.2014 and the petitioner has received the certified copy of the order only on 05.07.2014.