A MARAPPAN Vs. VALLIAMMAL

JUDGEMENT

(1.) THE civil revision petitioner/first respondent/plaintiff has filed this civil revision petition aggrieved against the order dated 26.02.2008 in I.A.No.1078 of 2005 in O.S.No.236 of 2005 passed by the District Munsif Court, Avinashi in allowing the application filed by the first respondent/petitioner/proposed party under Order 1 Rule 10(2) of Civil Procedure Code.

(2.) THE trial Court, while allowing the application I.A.No.1078 of 2005, has inter alia observed that 'the first respondent herein has disputed the absolute ownership of the revision petitioner/plaintiff and that the first respondent/proposed party has created clouds over the title of the revision petitioner/plaintiff and to avoid multiplicity of proceedings has resultantly allowed the application without costs.'

(3.) IN fine, the Civil Revision Petition is allowed, leaving the parties to bear their own costs. The order passed by the trial Court in I.A.No.1078 of 2005 is set aside. Since the suit pertains only to the relief of permanent injunction and since this Court has been informed that written statement has been filed, the trial Court is directed to frame necessary issues in the suit and to dispose of the same within a period of two months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.