KASTHURI Vs. ARULMIGHU UTHOOKATTU AMMAN KOIL

JUDGEMENT

(1.) THE petitioner has sought for setting aside the judgment and decree, dated 8. 10. 2004, passed in C. M. A. No. 13 of 2004 on the file of V Additional city Civil Court, Chennai, preferred against the order dated 14. 11. 2003 made in I. A. No. 2092 of 2003 in O. S. No. 2360 of 2002 on the file of XI Assistant City civil Court, Chennai. The petitioner herein is the third defendant in the suit.

(2.) THE respondent-Temple filed a suit in O. S. No. 2360 of 2002 seeking for a decree of recovery of possession of the Temple property from the petitioner and two others and pending the suit, the petitioner herein/third defendant filed application under Section 9 of the City Tenants Protection Act seeking for a direction to sell the property held in possession to her and the trial Court dismissed the application as not maintainable in view of Act 2/1996 and the petitioner herein preferred appeal in C. M. A. No. 13/2004 and that was also dismissed and challenging the said orders, the present revision has been filed.

(3.) THE learned counsel for the respondent is absent.