LAKSHMI NATESAN Vs. PERIASAMY

JUDGEMENT

(1.) THE sole respondent in I.A.No.74 of 2007 in C.M.A.No.9 of 2007 on the file of Principal Subordinate Judge, Puducherry is the petitioner in this civil revision Petition.

(2.) THE respondents herein preferred C.M.A.No.9 of 2007 before the court below challenging the order of 'status quo" granted by the First Additional District Munsif Court, Puducherry as per order dated 28.3.2007 in I.A.No.1055 of 2007 in O.S.No.450 of 1997.

(3.) THE suit in O.S.No.450 of 1997 though ripe for trial, has not been taken up for trial. In the meantime, the first defendant filed I.A.No.1055 of 2007 in O.S.No.450 of 1997 for an order of injunction restraining the respondents/plaintiffs from trespassing into the suit property and to alienate the suit property to third parties and also against the change of nature of the suit property till the disposal of the suit . In the said suit without ordering notice to the plaintiffs, the learned First Additional District Munsif passed an order of 'status quo", as according to the learned Munsif the balance of convenience is in favour of the petitioner in the injunction application and a prima facie case has been made out in favour of the petitioner and in case interim order is not granted, the petitioner would be put to irreparable loss and damages. It is the said order, which was taken up in appeal by the plaintiffs in C.M.A.NO.9 of 2007. THE appellants in the Civil Miscellaneous Appeal also prayed for an order to suspend the operation of the order dated 28.3.2007 in I.A.No.1055 of 007 in O.S.No.450 of 1997 till the disposal of the appeal and the learned Principal Subordinate Judge as per order dated 17.4.2007 in I.A.No.74 of 2007 in C.M.A.No.9 of2007 granted the said prayer and stayed the order of the learned First Additional District Munsif, Puducherry and aggrieved by the said order, the first respondent in the Civil Miscellaneous Appeal has preferred this civil revision petition.