GRACE PROMOTORS Vs. DOSS

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioners/defendants to set aside the Order dated 22.04.2008 in I.A.No.731 of 2008 in O.S.No.143 of 2008 on the file of the District Munsif Court, Chengalpattu.

(2.) THE defendants in O.S.No.143 of 2008 are the revision petitioners before this Court. THE suit in O.S.No.143 of 2008 was filed by the respondents herein/plaintiffs for injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. Along with the suit, an application in I.A.No.731 of 2008 was filed by the respondents/plaintiffs for temporary injunction under Order 39 Rule 1 & 2 CPC. THE trial Court by order dated 22.04.2008 passed an exparte interim injunction and aggrieved by the same, the above civil revision petition has been filed.

(3.) HENCE, I am inclined to interfere with the order passed by the Court below and the same is set aside. However, since the revision petitioners have already filed a counter in the injunction application before the Court below, the trial Court shall consider the application and pass orders on merits and in accordance with law after affording opportunity to all the parties. Both the plaintiffs and the defendants are directed to maintain status quo as on today till the disposal of the injunction application.