1. Challenge is made in this memorandum of Civil Revision to the fair and decreetal order dated 14.12.2010 and made in I.A. No. 924 of 2010 in O.S. No. 398 of 2004 on the file of the learned District Munsif, Chengalpattu.

2. The revision petitioner is the plaintiff in the suit in O.S. No. 398 of 2004, whereas the respondent herein is the defendant.

3. It is manifested from the records that originally the revision petitioner herein being the plaintiff has filed a suit in O.S. No. 32 of 1999 as against the respondent/defendant on the file of the learned Subordinate Judge, Chengalpattu, seeking the relief of declaration of his title over the suit property and for consequential relief of recovery of vacant possession after removing the superstructure put up by the respondent. The said suit was transferred to the file of the learned District Munsif Court, Chengalpattu on the ground of jurisdiction and re-numbered as O.S. No. 398 of 2004. The said suit was resisted by the respondent by filing his written statement.

4. When the suit was pending before the learned Subordinate Judge, Chengalpattu, the revision petitioner/plaintiff has filed an application in I.A. No. 12 of 1999 to a