- (1.) The defendants in O.S.No.449 of 2014 on the file of Principal District Munsif, Coimbatore are the petitioners in this revision petition. They have come forward with the present revision seeking to strike off the suit in O.S.No.449 of 2014 pending on the file of Principal District Munsif, Coimbatore on the ground that the plaint in O.S.No.449/2014 is sheer abuse of process of law.
(2.) The respondent/plaintiff filed suit in O.S.No.449/2014 for permanent injunction restraining the defendants/petitioners herein from disturbing their peaceful possession and enjoyment over the suit property and in any manner whatsoever in forming the layout of house sites in the said land in respect of undivided share of 0.52 = cents and also undivided share of 0.26.72 hectare.
(3.) It is the case of the petitioners/defendants herein that since it is the undivided share of land, the plaintiff/respondent is not entitled to form layout of house sites in the said land, however, the trial court, without considering the same, granted ad-interim injunction directing the petitioners/defendants herein not to disturb the peaceful possession and enjoyment over the petition property or in any way interfering in any manner whatsoever in forming the layout of house sites. It is the further case of the petitioners/defendants that the suit itself is sheer abuse of process of law and therefore, prayed for striking off the plaint. In support of the arguments advanced by the petitioner, learned counsel for the petitioner filed additional typed set of papers containing sale deeds dated 12.09.2011 and 25.04.2012.;