B SHYAMKUMAR Vs. FRANCIS GEORGE

JUDGEMENT

(1.) CHALLENGE in this civil revision petition is to the judgment and decree dated 9. 1. 2009 in C. M. A. No. 5 of 2008 on the file of the learned Subordinate Judge, ponneri confirming the order dated 20. 12. 2007 in I. A. No. 22 of 2006 in O. S. No. 10 of 2006 on the file of the learned District Munsif-cum-Judicial Magistrate, thiruvottiyur, whereby and whereunder the application preferred by the revision petitioner for the purpose of granting an order of interlocutory injunction during the pendency of the suit was dismissed. The facts :-

(2.) THE petitioner is the plaintiff in O. S. No. 10 of 2006 on the file of the learned District Munsif, Thiruvottiyur.

(3.) THE petitioner has claimed the following reliefs in the said suit. (a) To declare that the suit "b" Schedule property is a common road meant for the use and enjoyment of it by all as road and for a consequential injunction restraining the defendant and his men, agents, servants, subordinates or any one authorised by him from in any manner encroaching or trespassing over the "b" schedule property. (b) For permanent injunction restraining the defendant and his men, agents, servants, Subordinates or any one authorised by him from in any manner preventing or obstructing the plaintiff's free usage and enjoyment over the suit "b" schedule property.