LAWS(MAD)-2015-7-180

M.B. VENKATARATHINAM Vs. CITTY VIJAYALAKSHMI

Decided On July 23, 2015
M.B. Venkatarathinam Appellant
V/S
Citty Vijayalakshmi Respondents

JUDGEMENT

(1.) CHALLENGING the judgment and decree passed in C.M.A. No. 97 of 2014 on the file of the II Additional Judge, City Civil Court, Chennai reversing the fair and decreetal order passed in I.A. No. 1016 of 2014 in O.S. No. 381 of 2014 on the file of the V Assistant Judge, City Civil Court, Chennai, the plaintiff in O.S. No. 381 of 2014 has filed the above Civil Revision Petition.

(2.) THE plaintiff filed the suit in O.S. No. 381 of 2014 for permanent injunction. The plaintiff is the brother of the defendant.

(3.) THE learned counsel for the petitioner submitted that the trial Court had erroneously set aside the fair and decreetal order passed in I.A. No. 1016 of 2014, when the plaintiff had established that he is in possession of the first floor of the property. The learned counsel also submitted that the Lower Appellate Court has not considered the documents produced by the parties while allowing the appeal.