P.K. Balasubramanyan, J.

This petition is filed by the plaintiff in O.S. No. 513 of 1997 on the file of the II Additional Subordinate Judge's Court, Ernakulam who was respondent No.1 in C.M.A. No. 131 of 1998. C.M.A. No. 131 of 1998 was filed by the first defendant in that suit challenging an interim order of injunction passed by the trial court in exercise of its jurisdiction under O. XXXIX R.1 of the Code of Civil Procedure restraining the first defendant from interfering with the plaintiffs peaceful possession and enjoyment of two flats in his possession with his rights to enjoy the common facilities and from making any construction in the common property and giving possession of the common area to strangers and from allowing the strangers to enjoy the common facilities. This Court by the order dated 5.11.1999 confirmed the order of injunction passed by the trial court and dismissed the appeal filed by the first defendant in the suit. We may notice that though the first defendant approached the Supreme Court with a petition for special leave to appeal to that court challenging the decision of this Court in C.M.A. No. 131 of 1998, that petition was dismissed by the Sup