VENKATACHALAM AND OTHERS Vs. RAMASAMY

JUDGEMENT

(1.) The defendants in an unnumbered suit has preferred the above appeal challenging the judgement and decree dated 24.02.2014 passed in A.S.No.41 of 2013 directing the suit to be numbered.

(2.) The plaintiff is one Ramasamy, who had filed the suit for permanent injunction restraining the defendants from in any manner trespassing into the suit properties and taking forcible possession of the suit properties, till possession of the suit properties are delivered to the defendants in accordance with law. The suit properties consist of two items, of which, the first item is situated in R.S.No.134/4 - an extent of 9.65 acres in Kumalamparappu Village, Erode, while the second item is also situated in R.S.No.134/4 - an extent of 4.91 = acres, out of 9.65 acres in the same Kumalamparappu Village, Erode. The said suit was rejected in CFR stage itself, as it is hit by Order 7, Rule 11(d) of the Code of Civil Procedure (in short, "CPC").

(3.) Aggrieved by the said order of the Trial Court, an appeal was preferred in A.S.No.41 of 2013 on the file of the Principal Subordinate Court, Erode, which allowed the appeal directing the suit be numbered. Aggrieved by the said order, the defendants 1 and 2 have preferred the above second appeal.