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Judgment
M. Jaichandren, J.—This Civil Revision Petition has been filed praying that this Court may be pleased to set aside the fair and Decretal
order, dated 29.12.2008, made in C.M.A. No. 9 of 2008, on the file of the Subordinate Court, Poonamallee, reversing the fair and decreetal
order, dated 09.04.2008, made in I.A. No. 129 of 2008, in O.S. No. 22 of 2008, by the Additional District Munsif Court, Poonamallee.
The petitioner herein had filed a suit, in O.S. No. 22 of 2008, for bare injunction to restrain the respondents from interfering with his peaceful
possession and enjoyment of the suit property. The petitioner had filed an Interlocutory Application, in I.A. No. 129 of 2008, praying for an
interim order of injunction. The trial Court, by its order, dated 09.04.2008, had granted an order of interim injunction. Thereafter, the interim order
granted had been made absolute.
Aggrieved by the said order, the respondents had filed an appeal before the Subordinate Court, Poonamallee. The Subordinate Court,
Poonamallee, by its order, dated 29.12.2008, allowed the appeal by dismissing I.A. No. 129 of 2008, stating that the petitioner, who is a co-
sharer in the property concerned, cannot pray for an order of injunction. It had also stated that even though the petitioner had claimed the share of
the property in question, by way of an unregistered family arrangement, the said document had not been marked in support of the Interlocutory
Application filed by the petitioner.
The learned Counsel appearing on behalf of the petitioner had stated that, the order of injunction, dated 09.04.2008, made in I.A. No. 129 of
2008, in O.S. No. 22 of 2008, granted by the learned Additional District Munsif, Poonamallee, is a conditional order, by which the petitioner had
been directed to pay a sum of Rs. 1,000/-, per month, to the respondents. Even though the petitioner had been complying with the conditional
order issued in his favour, the Subordinate Court, Poonamallee, had vacated the order of injunction granted by the Additional District Munsif
Court, Poonamallee, by its order, dated 29.12.2008, by allowing C.M.A. No. 9 of 2008.
Even though the learned Counsel appearing on behalf of the respondents had submitted that the possession of the property by the petitioner is
illegal possession, this Court is not inclined to decide the said issue, at this stage. It is for the trial Court to give its finding on the said issue. In such
circumstances, the order of the Subordinate Judge, Poonamalle, dated 29.12.2008, made in C.M.A. No. 9 of 2008, is set aside. Consequently
the order of the trial Court, dated 09.04.2008, made in O.S. No. 22 of 2008, shall stand revived, on the condition that the petitioner pays a sum
of Rs. 20,000/- to the respondents, within a period of ten days from the date of receipt of the copy of this order. The learned Judge, Additional
District Munsif Court, Poonamallee, is directed to hear and dispose of O.S. No. 22 of 2008, on merits and in accordance with law, as
expeditiously as possible, not later than four months from the date of receipt of the copy of this order.
This Civil Revision Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.