NARAYANASAMY AND ORS. Vs. VENKATRAMAN AND ORS.

JUDGEMENT

(1.) The revision petitioners are the defendants in O.S.No.37 of 2010 on the file of the Sub-Court, Srivilliputhur and in the suit, the plaintiffs/respondents herein sought for injunction, recovery of vacant possession of the property, etc. During pendency of the suit, the defendants had filed an application in I.A.No.160 of 2013, seeking injunction, restraining the plaintiffs and their men from disturbing peaceful celebration of the function in the property, which was ultimately dismissed as infructuous and subsequently, the defendants had filed yet another application in I.A.No. 550 of 2017, seeking to stall the proceedings in O.S.No.37 of 2010 till the order passed in the appeal filed against the order in I.A.No.160 of 2013, which came to be dismissed by the Trial Court. Challenging the said order, the defendants/petitioners herein are before this Court.

(2.) It is the case of the revision petitioners that their ancestors were using the suit schedule property as Sabha for conducting rituals and other caste members and outsiders were not allowed to enter the premises. As such, the plaintiffs, by making false averments had filed the suit for recovery of vacant possession of the property. It is the further case of the petitioners that the plaintiffs, instead of seeking for specific performance of the property, merely sought for injunction, which is not permissible in law. Further, the suit had been filed by the plaintiffs based on unregistered documents, which cannot be entertained before the Civil Court.

(3.) The revision petitioner states that since the petitioners moved the Appellate Court by way of filing Civil Miscellaneous Appeal, continuance of proceedings/trial in the suit will affect their case and much prejudice would be caused therefrom. Therefore, it is prayed that the trial of the suit may be stayed till the pronouncement of judgment in the pending appeal