This is a revision filed by the defendant in O.S.No.2889/2009 on the file of the XIV Assistant City Civil Court, Chennai and the challenge is to the order dated 15.04.2009 in I.A.No.5320/2009 whereby and whereunder, an interlocutory order to maintain status quo was granted in spite of specific direction issued by the Supreme Court to put the petitioner in possession of the suit property forthwith in case the respondent failed to give an undertaking to vacate the suit premises before 30 November 2009.

2. The substantial prayer in the revision is to reject the plaint on the ground of re-litigation.

The facts :-

3. The subject proceeding had a chequered history.

4. The petitioner is the owner of the premises bearing Door No.843, Anna Salai, Chennai-2. The property was given on lease to the respondent on a monthly rent of Rs.1550. The petitioner originally filed a suit in O.S.No.174/ 1978 to evict the respondent from the subject premises. The respondent was evicted during the pendency of the suit which resulted in filing a suit by him under Section 6 of the Specific Relief Act, in O.S.No.6998/1996. The suit was dismissed by the trial Court and in a revision, the High Court