S.PURUSHOTHAMAN Vs. THE PRESIDENT

JUDGEMENT

(1.) This Civil Revision is filed by the petitioner invoking the provisions of Article 227 of the Constitution of India against the order dated 26.10.2015 and made in the I.A.No.831 of 2015 in O.S.No.478 of 2015 on the file of Principal District Munsif, Kumbakonam.

(2.) The petitioner herein is the plaintiff in the suit in O.S.No.478 of 2015, whereas the respondent is the defendant.

(3.) It is significant to note here that the suit in O.S.No.478 of 2015 has been filed by the revision petitioner as against the respondent herein, seeking the relief of declaration to declare that the defendant has absolutely got no right, title and interest in the suit tank or in its fishery rights and the plaintiff (revision petitioner) and the heirs of Perumal Padyatchi and Muthaiya Padyatchi alone are entitled to the same and also for permanent injunction. Along with the suit, the revision petitioner has also filed an application in I.A.No.831 of 2015 under Order 39 Rule 1 and 2 and Section 151 of the Code of Civil Procedure to grant an order of temporary injunction restraining the respondent, their men, agents or anybody claiming through him from in any manner interfering with the peaceful possession and enjoyment of the suit tank by the petitioner, Perumal Padayatchi's heirs and Muthaiya Padayatchi.