VARALAKSHMI Vs. JANAKIRAMAN; RAMU @ KOTHANDARAMAN AND; SELVI

JUDGEMENT

(1.) The civil revision petitioner/appellant/petitioner/plaintiff has filed this revision petition as against the judgment dated 24.6.2008 in C.M.A. No. 6 of 2007 passed by the learned Principal Sub Judge, Tindivanam in confirming the order in I.A. No. 349 of 2007 in O.S. No. 59 of 2007 dated 26.09.2007 passed by the learned Principal District Munsif cum Judicial Magistrate, Vanur.

(2.) The trial Court, while passing order in I.A. No. 349 of 2007 in O.S. No. 59 of 2007 dated 26.09.2007, has inter alia opined that 'contrary to Ex.P.9-Order dated 12.01.2001 passed in O.P. No. 21 of 2000, the sale deed dated 26.02.2001 namely, Ex.P.5 has come into existence and the sale deed obtained by Rajamani is not legally valid and resultantly, dismissed the application for interim injunction.'

(3.) The First Appellate Authority, in the judgment in C.M.A. No. 6 of 2007, has inter alia observed that whether the statement of the revision petitioner that she has been in possession of suit property after purchasing the same from Rajamani is true or whether the respondents are in possession and enjoyment of the suit property through sale deed and also as per oral partition allotment of Kannaya Gounder etc., are all matters to be gone into at the time of trial of the case as per oral and documentary evidence to be let in by the parties etc. and resultantly, dismissed the civil miscellaneous appeal thereby confirming the order of trial Court in dismissing the application for interim injunction.