COMMISSIONER Vs. V NARAYANANTAHSILDAR

JUDGEMENT

(1.) The instant case involves an unscrupulous litigant who has shown brazen disdain to the sanctity of orders passed by the Hon'ble First Bench of this Court and has scandalized the Judges of this Court. The litigant who himself is a lawyer has tarnished the image of the noble profession of lawyers by throwing it to the wind. The below mentioned facts undoubtedly proves the misconduct of the first respondent.

(2.) The first respondent claiming to be the owner of the property being a private latrine situated at No.63, Sir Theyagaraya Road, adjacent to Lakshmikantham Street, within Mambalam-Guindy Taluk Office, VIIIth Zone of Chennai Corporation, Chennai filed a suit O.S.No.328 of 2007 before the XIIth Assistant Judge, City Civil Court, Chennai for declaration that he is the owner of the suit schedule property and also for an injunction restraining the defendants in the suit from in anyway interfering with the possession of the suit schedule property by the plaintiff. The petitioner in this revision is the fourth defendant in the suit and the respondents 2 to 4 are the first, second and third defendants respectively in the suit. In the suit O.S.No.328 of 2004, no documentary evidence was produced by the first respondent/decree holder to prove his ownership of the suit schedule property. The documents filed along with the plaint in O.S.No.328 of 2007 are as follows:

(3.) An ex parte decree dated 23.10.2007 came to be passed in favour of the first respondent/decree holder in O.S.No.328 of 2007. After the decree was passed in O.S.No.328 of 2007, the Hon'ble First Bench of this Court in a batch of writ petitions in W.P.Nos.1049 of 2006, 4578 of 1996, 9954 of 2002 and W.A.Nos.1393 of 2003, 888 of 2000 and 175 of 1994 by order dated 28.11.2007 gave various directions in respect of the hawkers at various places within the city of chennai and also directed the suit O.S.No.328 of 2007 filed by the first respondent/decree holder before the learned XIIth Assistant Judge, City Civil Court, Madras to be withdrawn and transferred to the file of this Court. The suit schedule property is located in North Usman Road and Thiyagaraya Road area (From Panagal Park to Pondy Bazaar) at Chennai.