JANAKIRAMAN Vs. KOTHANDARAMAN

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 28.10.2005 passed in C.M.A. No. 10 of 2004 by the learned Additional Subordinate Judge, Chengalpet. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the plaintiff in the suit O.S. No. 120 of 2003 on the file of the learned District Munsif, Chengalpet. He filed the said suit for declaration and injunction against the respondents to declare the petitioner's/plaintiff's title to the share in the suit schedule property and also for consequential relief of injunction restraining the respondents from alienating the suit schedule property against the interest of the petitioner. During the pendency of the suit, the petitioner filed I.A. No. 747 of 2000 for injunction restraining the first respondent from alienating the suit schedule property to the second respondent or any other parties till the disposal of the suit. The respondents entered appearance and filed their counter in I.A. No. 747 of 2003. By order dated 27.01.2004, the Trial Court allowed the injunction application I.A. No. 747 of 2003 filed by the petitioner. As against the said order, the first respondent preferred an appeal before the Additional Subordinate Judge, Chengalpet in C.M.A. No. 10 of 2004. The Lower Appellate Court reversed the order passed by the Trial Court in I.A. No. 747 of 2003 and allowed the appeal filed by the first respondent as against the petitioner and the second respondent. As against the said order, the instant revision has been filed.

(3.) Heard Mr. R. Bharathkumar, learned counsel for the petitioner. Despite service of notice on the first respondent, there is no representation on his side. The second respondent was set ex parte through batta. Discussion: