E. SUNDARRAJ Vs. E. MAHALINGAM

JUDGEMENT

(1.) THIS civil revision arises out of a judgment and decree of the learned Additional District Judge, Fast Track Court No. IV, Ponneri dated 06.04.2011 made in C.M.A. No. 7 of 2007 setting aside the order of the trial Court, namely the Court of District Munsif, Ponneri dated 18.06.2007 made in I.A. No. 783 of 2007 in O.S. No. 172 of 2007 on the file of the said trial Court.

(2.) THE suit has been filed by the revision petitioner against the respondent, who is none other than his own brother, for a permanent injunction restraining the respondent/defendant from in any manner depriving the revision petitioner/plaintiff from irrigating his lands, the properties prescribed in plaint "A" schedule by lifting water from the borewell sunk in Old S.No. 262, New S.No. 497/18 fitted with 7.5 HB Electric Motor pumpset with Electricity Service Connection bearing Old No. 36:1104:79, New No. 81.06.27. Pending disposal of the suit, the revision petitioner prayed for an interim injunction similar to the permanent injunction sought for in the suit by filing an application in I.A. No. 783 of 2007 under Order XXXIX Rule 1 and 2 CPC.

(3.) THE arguments advanced by Mr.B.Gandhi, learned counsel for the petitioner and by Mr.K.Jayaraman, learned counsel for the respondent are heard. The copies of the orders of the Courts below and the other materials produced in the form of typed -set of papers are also perused and taken into consideration.