THANISLAS AND ORS. Vs. G. PANKIRAJ

JUDGEMENT

(1.) Defendants 2 to 4 in O.S. No. 1085 of 1992, on the file of Principal District Munsif's Court at Nagercoil, are the petitioners herein.

(2.) Respondent/plaintiff filed a suit as O.S. No. 617 of 1991, on the file of the District Munsif's Court, Padmanabhapuram, for partition, which was transferred to Nagercoil and renumbered as O.S. No. 1085 of 1992. Pending litigation, respondent herein filed I.A. No. 1364 of 1991 and prayed for an interim injunction restraining the petitioners herein from demolishing an old building in the property which was, the subject matter of the suit, and also from proceeding with any construction. An interim injunction was granted on 21.8.1991 and the order was also confirmed on 4.9.1991, though ex parte.

(3.) Petitioners herein filed I.A. No. 1712 of 1991 to set aside the ex parte order of injunction and the said petition was allowed by order dated 10.11.1993. The injunction application already filed by plaintiff was renumbered as I.A. No. 172 of 1993.