SATHYAVATHI AND ORS. Vs. C. ANANTHARAMAN AND ORS.

JUDGEMENT

(1.) The plaintiffs in Original Suit No. 223 of 2016 pending on the file of the I Assistant Judge, City Civil Court, Chennai are the petitioners in the present revision preferred under Article 227 of the Constitution of India. The respondents are defendants 1 and 2 in the said suit. The above said suit was filed by the revision petitioners for a permanent injunction against the defendants therein, restraining them from interfering with the alleged peaceful possession and enjoyment of the suit property. The plaint was admitted and numbered as a suit. An application filed under Order XXXIX Rule 1 of C.P.C. for interim injunction was taken on file as I.A. No. 523 of 2016, an ex parte order of ad -interim injunction came to be granted on 20.01.2016. Such an order was granted till 28.01.2016, the next hearing date fixed for hearing. Thereafter, the defendants 1 and 2 filed an application under Order XXXIX Rule 4 of C.P.C. for vacating the order of interim injunction granted in favour of the plaintiffs. The same was taken on file as I.A. No. 997 of 2016. The said petition came to be filed on 25.01.2016 and on the same day, an order came to be passed by the learned I Assistant Judge, City Civil Court, Chennai to the following effect:

(2.) The arguments advanced by Mr.A.Thiagarajan, learned Senior Counsel arguing for Mr.K.Sivaganam, learned counsel on record for the petitioners in the Civil Revision Petition and by Mr.R.Thiagarajan, learned counsel for the respondents 1 and 2 are heard. The certified copy of the petition and order and other documents produced in the form of typed set of papers are also perused.

(3.) It is the contention of Mr.A.Thiagarajan, learned Senior Counsel for the petitioners that the impugned order dated 25.01.2016 made in I.A. No. 997 of 2016 came to be passed by the learned trial Judge, without even hearing the revision petitioners and without affording an opportunity of being heard and that hence, the order is liable to be set aside, as it is against the celebrated principle of natural justice audi alteram partem.