V MOHANAN Vs. K THANICKACHALAM

JUDGEMENT

(1.) THE above original side appeal has been filed against the order of the learned single Judge dated 16. 11. 2004 made in Original Application No. 696 of 2004 in C. S. No. 685 of 2004, in and by which, the learned Judge dismissed the said application filed for injunction, pending disposal of the suit.

(2.) THE appellants/plaintiffs filed a civil suit in C. S. No. 685 of 2004 against the respondents herein/defendants therein, praying for a decree declaring that the final decree dated 19. 01. 1987 passed in I. A. No. 30274 of 1974 in O. S. No. 3631 of 1961 as amended on 08. 04. 1991 is null and void, declaring their title to the suit property and for consequential relief of injunction restraining the defendants from interfering with their possession and enjoyment of the suit property. Pending disposal of the said suit, the plaintiffs filed O. A. No. 696 of 2004, praying for an order of interim injunction restraining the respondents from interfering with their peaceful possession and enjoyment of the suit property. The said application was resisted by the respondents by filing counter affidavit. The learned single Judge, by the order, which is under challenge, after holding that the plaintiffs' title to the entire property is yet to be decided and similar application in a suit filed by the plaintiffs' in the City Civil Court in respect of the very same property, dismissed the said application; hence, the present original side appeal before this Court.

(3.) HEARD Mrs. Chitra Sampath, learned counsel appearing for the appellants; Mr. B. Gnanadesikan, learned counsel for respondents 1 and 2 and Mr. R. Thiagarajan, learned counsel for the third respondent.