N. SUBBIAH Vs. N. SUNDARRAJAN

JUDGEMENT

(1.) Invoking the provisions of Article 227 of the Constitution of India, the revision petitioner Mr. N. Subbiah has approached this Court with the memorandum of civil revision petition, in C.R.P. (NPD) (MD) No. 2271 of 2013, to strike off the execution proceedings in E.P. No. 34 of 2010 in O.S. No. 209 of 2007, on the file of the learned District Munsif, Melur, Madurai District. Another memorandum of civil revision petition in C.R.P. (NPD) (MD) No. 43 of 2014 has been directed against the order of dismissal, dated 21.10.2013 and made in the execution application in E.A. No. 29 of 2013 in E.P. No. 34 of 2010 in O.S. No. 209 of 2007, on the file of the learned District Munsif, Melur, Madurai District.

(2.) With the parties as well as the subject matter of both the memorandum of civil revision petitions are one and the same, they have been consolidated together, heard jointly and are being disposed of in this common order.

(3.) Mr. N. Sundarrajan, who is the sole respondent in C.R.P. (NPD) (MD) No. 2271 of 2013 as well as the first respondent in C.R.P. (NPD) (MD) No. 43 of 2014, had filed a suit in O.S. No. 209 of 2007, as against Mr. N. Subbiah, who is the revision petitioner in C.R.P. (NPD) (MD) No. 2271 of 2013 and the second respondent in C.R.P. (NPD) (MD) No. 43 of 2014 as well as his wife Thangamayil, who is the third respondent in C.R.P. (NP.D) (MD) No. 43 of 2013, on the file of the learned District Munsif, Melur, seeking the reliefs of mandatory injunction as well as the perpetual injunction.