S R RAMALINGAM Vs. R VIVEKANANDAN

JUDGEMENT

(1.) THE plaintiff in O. S. No. 380 of 2001, who is the first defendant in O. S. No. 460 of 2002, both on the file of II Additional District Munsif, Erode, is the revision petitioner.

(2.) THE revision is directed against the order of the First Appellate Court, viz. , the First Additional Subordinate Judge, Erode, passed in I. A. No. 760 of 2006 in A. S. No. 60 of 2006, by which the application filed by the petitioner under Order XLI Rule 3 and Section 151 of the Code of Civil Procedure, to reject the appeal, was dismissed.

(3.) THE petitioner has filed suit in O. S. No. 380 of 2001 for declaration that "a" schedule property is a common property and for mandatory injunction against defendants 1 and 2 to restore "a" schedule property to its original position and also for permanent injunction against defendants 1 and 2 in respect of "a" schedule property. The defendants 1, 2, 7, 12, 13 along with other three persons have filed O. S. No. 460 of 2002 against the revision petitioner and others for declaration of their title and for consequential injunction, including mandatory injunction against the revision petitioner to close the doorway and pipeline opening out into the suit property and also for removal of the said pipeline.