AMMAN MATRICULATION SCHOOL Vs. A M MURUGESAN

JUDGEMENT

(1.) THE Civil Revision Petition No.3061 of 1998 is filed by a third party in O.S.No.383 of 1998 on the file of District Munsif Court, Erode, under Art.227 of Constitution of India. While narrating the facts in this revision petition, the facts which necessitated for filing C.R.P.No.2489 of 1998 and contempt application will also be met.

(2.) O.S.No.383 of 1998 on the file of District Munsif Court, Erode is filed by Sree Amman Matriculation School, represented by its Correspondent one T.Jayalakshmi. That suit was filed by her against seven defendants of whom petitioner is not a party. The suit was filed on 5.8.1998 for a permanent prohibitory injunction restraining defendants and their men or agents from disturbing the peaceful possession and enjoyment of property by plaintiff and not to evict plaintiff except under due process of law.

(3.) I came to the conclusion that the plaintiffs therein who were the defendants in O.S.No.383 of 1998 have come to court with false case and petitioner herein was forcibly dispossessed. I therefore directed the trial court to restore possession even in case plaintiffs therein do not prosecute the suit. I further directed lower court that necessary police Protection must be given to petitioner to see that injunction already done by the lower court must be remedied. I came to the conclusion that only because the lower court did not hear the objection of petitioner an ex parte injunction order was granted with police help and petitioner was dispossessed and lower court also should take responsibility for the injustice.