(Civil Revision Petition filed against the order dated 21.9.2004 in C.M.P.SR.No.23508 of 2004 in A.S.No.10 of 2004 on the file of the IV Additional Judge, City Civil Court, Chennai against O.S.No.7636 of 1997 on the file of the XVIII Assistant Judge, City Civil Court, Chennai.)

Aggrieved by the order dated 21.9.2004 of the learned IV Additional Judge, City Civil Court, Chennai in C.M.P.SR.No.23508 of 2004 in A.S.No.10 of 2004, this Civil Revision Petition has been filed.

2. Brief facts of the case are as follows:

The petitioner is the plaintiff who filed the suit for bare injunction. After trial, the suit was dismissed. The petitioner preferred an appeal in A.S.No.10 of 2004. During the pendency of the appeal, the petitioner filed a petition in C.M.P.SR.No.23508 of 2004 for amendment of the plaint by including the prayer for declaration. The said C.M.P.SR. was dismissed. Aggrieved by the same, this Civil Revision Petition has been filed.

3. Learned counsel appearing for the revision petitioner would contend that after the dismissal of the suit on 24.2.2003, the respondent has demolished the existing wall and re-constructed a wall with 4-1/2". Therefore, during the appeal st