N VIMALA Vs. BOOLOGAMMAL @ AMMAAYI AMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the decree and judment dated 01.09.2016 in C.M.A.No.5 of 2014 on the file of the learned Subordinate Judge, Ranipet, Vellore District, confirming the fair and decretal order dated 25.07.2014 in I.A.No.362 of 2012 in O.S.No.155 of 2012 on the file of the District Munsif Court, Arakkonam, Vellore District.

(2.) The petitioner is a third party, respondents 1 and 2 are the plaintiffs, third respondent is the defendant in O.S.No.155 of 2012 on the file of the District Munsif Court, Arakkkonam. The petitioner is working as Commissioner, Maraimalai Nagar Municipality and she is impleaded as thirty party to the suit. Respondents 1 and 2 filed the suit to declare that the respondents 1 and 2 have absolute right and title over the plaint B schedule property and for permanent injunction. The third respondent filed written statement and is contesting the suit. The respondents 1 and 2 filed I.A.No.356 of 2012 for temporary injunction restraining the third respondent and its officers from interfering with the respondents 1 and 2's peaceful possession and enjoyment of the plaint B schedule property.

(3.) The learned District Munsif, Arakkonam, granted interim injunction on 26.11.2012 and the said order was served on the third respondent at 1.05 p.m. on 27.11.2012 by Court process server. According to the respondents 1 and 2, after receipt of the order passed by the learned Judge at 1.05 p.m., the officials of the third respondent demolished the building at 5.00 p.m. and laid cement road. The petitioner was the Commissioner of the third respondent Municipality at that time and as per her instructions, the officials of the third respondent municipality demolished the building violating the interim injunction granted by the Court.