SOOSAI MARIYAYEE Vs. JOHNSON

JUDGEMENT

(1.) Crp(Md).No.205 of 2017 is filed to call for the records in the order and decreetal order dated 24.09.2016 made in I.A.No. 404 of 2016 in O.S.No.469 of 1997 on the file of the Principal District Munsif Court, Nagercoil and set aside the same.

(2.) The petitioner is the defendant in the suit in O.S.No.469 of 1997 on the file of the Principal District Munsif Court, Nagercoil. The respondent, who is the plaintiff filed suit for recovery of possession and for mandatory injunction, directing the petitioner to remove all the constructions and structures in the suit property and for other reliefs.

(3.) The petitioner filed CTOP.No.1 of 1998 under Section 9 of the Tamil Nadu City Tenants Protection Act. In both the suit and CTOP, joint trial was commenced. The respondent plaintiff was examined and his evidence was closed. The petitioner also let in evidence and she was examined in part. At that time, the petitioner filed I.A.No.487 of 2014 for a direction to decide CTOP.No.1 of 1998. The said interlocutory application was dismissed. Against that order, petitioner filed CRP(MD).No.1609 of 2014 before this Court and this Court, by order dated 02.09.2014, directed the trial Court to decide the CTOP at first. Subsequently, the said CTOP was dismissed, by order dated 28.06.2016. Against that order, the petitioner has filed CMA.No.6 of 2016, before the I Additional Sub Court at Nagercoil.