HENRY PREM ANAND Vs. K. NIRMALA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 11.01.2017 made in I.A.No.16161 of 2016 in I.A.No.14464 of 2016 in O.S.No.5448 of 2016 partially allowing the restoration of amenities before the learned IV Assistant Judge, City Civil Court, Chennai.

(2.) The petitioner is the plaintiff and the respondents 1 and 2 are the defendants in O.S.No.5448 of 2016 on the file of the learned IV Assistant Judge, City Civil Court, Chennai. Though the respondents 3 and 4 are not parties to the suit, they are arrayed as respondents 3 and 4 in I.A.No.16161 of 2016, which was filed by the petitioner. The suit is one for permanent injunction restraining the defendants from evicting the petitioner/plaintiff from the suit property except by procedure of law and for permanent injunction restraining the defendants from disrupting the amenities and facilities which includes but not limited to electricity, water consumption and access to terrace, till the plaintiff is legally evicted from the suit property by due process of law. Along with the suit, the petitioner filed I.A.No.14464 of 2016 for interim injunction restraining the defendants/respondents 1 and 2 herein, their men, agents and servants or any other person making claim under the defendants from in any way disrupting the amenities and facilities which includes but not limited to electricity, water consumption and access to terrace pending disposal of the suit. The trial Court granted interim injunction on 01.11.2016 till 15.11.2016. Subsequently, it was extended till 01.12016.

(3.) According to the petitioner, while interim injunction was in force, the respondents disconnected the bore well connection and blocked the pathway to the common terrace. The respondents 1 and 2, through the respondents 3 and 4, shifted electricity board from the portion of the petitioner to the rear side portion of the building and converted three phase electricity connection to single phase electricity connection. Therefore, the petitioner filed I.A.No.16161 of 2016 for restoration of three phase electricity connection, bore well water supply and access to common terrace enjoyed by the petitioner at the time of passing of interim injunction dated 01.11.2016 in I.A.No. 14464 of 2016 on the ground that the respondents have disobeyed the order and prayed for these amenities.