ANNIS ANANDHI Vs. KANAGA

JUDGEMENT

(1.) C.R.P.PD.No.2498 of 2007:The Civil Revision Petition is filed against the Order dated 02.09.2006 passed in C.M.A.No.24 of 2005 by the I Additional Judge, City Civil Court, Chennai confirming the order dated 17.8.2004 passed in I.A.No.14342 of 2003 in O.S.No.4063 of 2003 by the VI Assistant Judge, City Civil Court, Chennai.W.P.No.35067 of 2007:The Writ petition is filed praying this court to issue a writ of mandamus, directing the respondent herein, to release the terminal benefits of late O. Arundale who is the husband of the petitioners herein and who worked in the respondent Corporation forthwith.

(2.) THE facts which are necessary for the purpose of disposing of the above two cases are as under:THE parties are referred to as per their ranking in O.S.No.4063 of 2004 filed by one L. Kanaka.THE suit in O.S.No.4063 of 2003 was filed by the plaintiff for directing the defendants 1 to 3 personally, defendants 3 to 8 jointly and severally to pay the plaintiff from the estate of the deceased O. Arundale, a sum of Rs.1,71,900/- with subsequent interest on the principal sum of Rs.1,00,000/- at the rate of 18% per annum.

(3.) AN ex-parte order of interim injunction was granted by the trial court in I.A.No.14342 of 2003 and to vacate that order, defendants 1 to 4 filed I.A.No.18278 of 2003. All the three applications were heard together by the trial court and a common order dated 7.8.2004 was passed allowing I.A.No.14342 of 2003 and dismissing I.A.No.14341 of 2003 and I.A.No.18278 of 2003. Aggrieved by the order passed in I.A.No.14342 of 2003, granting temporary injunction restraining the 9th defendant, Food Corporation of India from disbursing the monetary benefits to an extent of Rs.2 lakhs till the disposal of the suit, defendants 5 to 8 filed an appeal in C.M.A.No.24 of 2005. The lower Appellate Court by order dated 2.9.2006, dismissed the appeal and thereby confirmed the order of the trial court granting interim injunction in I.A.No.14342 of 2003. Aggrieved by the order of the lower Appellate Court, defendants 5 to 8 in O.S.No.4063 of 2003 filed the above revision petition under article 227 of the Constitution of India.