JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(r) of C.P.C., to set aside the order and Decreetal order dated 10.04.2017 made in I.A.No.1057 of 2016 in O.S.No.169 of 2016 on the file of Principal District Court of Kancheepuram District at Chengalpattu.

The Fair and Decreetal order dated 10.04.2017 passed in I.A.No.1057 of 2016 is under challenge in the present Civil Miscellaneous Appeal.

2. The 5th defendant is the appellant before this Court. The 1st respondent is the plaintiff, who instituted a suit for Declaration of title and for Permanent injunction. Along with the suit, the 1st defendant filed an Interlocutory Application in I.A.No.1057 of 2016 for interim injunction. The trial Court adjudicated the grounds raised by the respective parties in the Interlocutory Application and granted an injunction on the ground of balance of convenience and a prima facie case of title was established by the 1st respondent / plaintiff.

3. The learned Senior counsel appearing on behalf of the appellant mainly contended that the very observation made by the trial Court with reference to the prima facie case of title in favour of the 1st respondent itself is erroneous, in v