C RAVICHANDRAN Vs. S VELLAISAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed by the learned II Additional Subordinate Judge, Tiruchirappalli in I.A.No.1263 of 2016 in I.A.No.963 of 2015 in O.S.No.291 of 2005 dated 17.02.2017.

(2.) The facts of the case are that the first respondent herein, as plaintiff, has filed the suit for partition in respect of 11 items of property, against the petitioner's father and others. According to the petitioner, the 11th item of property has been purchased by his father, vide registered sale deed dated 12.11.1964. Despite the same, the first respondent herein has included the said property also, alleging that the same belongs to the joint family. According to the petitioner, his father was afflicted by Paralysis and was bed ridden. It is the grievance of the petitioner that though his father entered appearance through a Counsel, without any notice, on 22.08.2008 an ex-parte order of interim injunction, restraining alienation and also altering the physical features, was granted against him in I.A.No.349 of 2008 and in the meantime, his father expired on 29.08.2009. Thereafter, the petitioner and his brothers as well as sisters were impleaded in the suit as legal heirs and detailed written statement disputing various claims and allegations was filed and now, the suit is ripe for trial.

(3.) Since the relief of injunction being a personal remedy, the first respondent has filed an application in I.A.No.1107 of 2014 seeking injunction against the legal heirs/petitioner and others. But, the said application was later on dismissed as not pressed. Therefore, according to the petitioner, the injunction that was granted against his father ceased to have no force, after the death of the person against whom it has been passed. As against the petitioner and others, the injunction application was withdrawn and therefore, he has put up a petrol outlet in the suit item no.11, which was conveyed to him vide deed dated 07.10.2010. Citing this, the first respondent has filed an interlocutory application in I.A.No.963 of 2015 for contempt action against the petitioner.