BALAKRICHNAN Vs. SATHIYAMOORTHY

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 11.01.2013 passed by the learned Subordinate Judge, Perambalur in C.M.A. No. 1 of 2012 modifying the fair and decreetal order 16.11.2011 passed by the learned District Munsif, Perambalur in I.A. No. 760 of 2011 in O.S. No. 288 of 2011.

(2.) The petitioner is the plaintiff in the suit O.S. No. 288 of 2011 on the file of the learned District Munsif at Perambalur. He filed a suit for declaration and injunction in respect of the suit property which comprises of three items. The Trial Court by its order dated 16.11.2011 dismissed I.A. No. 760 of 2011 filed by the petitioner seeking for injunction pending disposal of the suit. Aggrieved by the said order dated 16.11.2011, the petitioner preferred an appeal before the learned Subordinate Judge, Perambalur in C.M.A. No. 1 of 2012. By order dated 11.01.2013, the Lower Appellate Court modified the order dated 16.11.2011 passed in I.A. No. 760 of 2011 by the Trial Court, by granting the injunction in respect of two items of the properties mentioned in the suit schedule. Aggrieved by the disallowing of the relief in respect of third item of the suit property, the petitioner has preferred this civil revision petition under Article 227 of the Constitution of India.

(3.) Heard Mr. R. Balasubramanian learned counsel for the petitioner. There is no representation on the side of the respondent, even though the name of the counsel mentioned in the cause list today.