K KALYANASUNDARAM Vs. P KALISWARI

JUDGEMENT

(1.) This civil revision petition is filed by the defendants to set aside the order dated 6.2.2008 passed in I.A. No. 889 of 2007 in O.S. No. 245 of 2007 by the learned District Munsif, Madurai.

(2.) The brief facts are given below: The respondent/plaintiff has filed the above said suit for declaration that the sale deed dated 18.8.2006 executed by the 1st defendant in favour of the 2nd defendant as null and void and for the consequential relief of permanent injunction restraining the defendants from alienating or encumbering the suit property and interfering with the possession and enjoyment of the suit property. Pending the suit, in I.A. No. 581 of 2007 interim injunction was sought for and when the case was posted on 22.8.2007, the Court below had ordered notice and it was finally posted on 10.12.2007 and the petition was closed as the main suit itself had become ripe for trial. Again on 13.12.2007 the respondent has filed another application in I.A. No. 889 of 2007 for the very same relief of interim injunction and pending the said application, the suit itself was posted for trial on 6.2.2008 and an ex parte decree was passed on 8.2.2008 since the defendants did not appear before the Court. However, on 8.2.2008 the petitioners filed an application under Order 9 Rule 13 of C.P.C to set aside the ex parte decree and the same has been allowed on 17.9.2008. While disposing of the suit as ex parte, the Court below seemed to have allowed the said application in I.A. No. 889 of 2007 stating that "since the suit is decreed, the petition is allowed."

(3.) According to the petitioners, taking advantage of the ex parte interim order of temporary injunction, the respondent is trying to dispossess the petitioners and interfering with their peaceful possession and hence, they seek interference of this Court under Article 227 of the Constitution of India to set aside the ex parte order of interim injunction granted by the Court below.