S RANGARAJAN Vs. NATHANS FOUNDATIONS PVT LTD

JUDGEMENT

(1.) THE challenge in this Revision Petition is the correctness of the order of status dated 27. 10. 2006, passed in I. A. No. 14908 of 2005 in O. S. No. 5558 of 2001, based on the memo filed by the respondents herein.

(2.) THE suit has been filed by the petitioner herein and 5 others against the respondents 1 and 4 and others herein for the relief of permanent injunction restraining the defendants and their men and agents from entering the lands of the plaintiffs or putting up any compound wall or so called development works in respect of the plots belonging to the plaintiffs.

(3.) ACCORDING to the revision petitioners, all the plot owners formed a Welfare Society and the second respondent was elected as the President. But the second respondent was functioning in an autocratic manner and entered into a Memorandum of Understanding on 15. 7. 1999 with the first respondent, Promoter, which was not backed by consent of all the plot owners. Consequently, the second respondent himself cancelled the above MOU. A Power of Attorney was also executed by the second respondent to obtain NOC from the Mass Rapid Transport System (MRTS ). Apart from that 20 plot owners had entered into individual agreement with the first respondent to develop their respective plots. However, the petitioners had not developed any such agreement. While so, the second respondent with the assistance of the first respondent started putting up a compound wall which necessitated the petitioners to file the suit.