MUTHULINGAM Vs. V GUNASEKARAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 08.09.2005 passed by the learned II Additional District Munsif, Ulundurpet in I.A.No,689 of 2005 in O.S.No,389 of 2004, this civil revision petition is focussed.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus:

(3.) THE entire reading of the plaint would project and convey as though D1 and D2 only are trying to interfere with the plaintiff's possession and enjoyment of the suit properties and in such a case, it is not known as to how the lower Court in its cryptic order throwing to winds the relevant laws and that too without au courant with facts and au fait with law, passed such an order. THE scope of the suit should have been taken into account by the lower court. But it failed to do so. In an injunction suit, the plaintiff cannot try to directly get his title decided. If at all, the plaintiff was interested in getting his title decided and once for all to put an end to all sorts of disputes relating to the suit property, he ought to have filed a proper comprehensive suit and not a suit for bare injunction and hence, the revision petitioner is right in setting forth the grounds of revision as against the order of the lower Court.