P ALAGARSAMY Vs. K CHELLAPANDI

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the judgment and decree passed by the learned II Additional Sub Judge, Madurai in C.M.A.No.8 of 2001 dated 26.07.2017, reversing the order passed by the learned District Munsif Cum Judicial Magistrate, Vadipatti in I.A.No.321 of 2008 in O.S.No.470 of 2008 dated 19.01.2009.

(2.) The facts of the case are that the petitioner herein, as plaintiff, has instituted a suit in O.S.No.470 of 2008 against the respondent herein, before the learned District Munsif cum Judicial Magistrate, Vadipatti seeking permanent injunction and other reliefs. During the pendency of the said suit, the petitioner/plaintiff has filed an interlocutory application in I.A.No.321 of 2008 seeking interim injunction, which was allowed by the Court below by an order dated 19.01.2009. Aggrieved over the same, the respondent herein, as appellant, has preferred C.M.A.No.8 of 2011, before the learned II Additional Sub Judge, Madurai and on 26.07.2017, the first appellate Court has reversed the finding of the Court below. Aggrieved thereby, the petitioner has preferred the present Civil Revision Petition.

(3.) The learned Counsel for the petitioner would submit that the suit property belongs to the second defendant, who is the sister of the petitioner and the petitioner is in possession and enjoyment over the same as cultivating tenant. He has already filed T.R.No.9 of 1996 before the Thasildar, Vadipatti, to register his name as cultivating tenant, wherein, an ex-parte order was passed as prayed for. Against the said ex-parte order, A.P.No.23 of 2004 was filed by the second defendant and thereafter, the ex- parte order was set aside and the matter was remitted back for fresh consideration, which is now pending adjudication.