ORDER

This civil revision petition has been filed to set aside the fair and decretal order of the District Munsif Court at Mettur dated 01.12.2015 in IA.No.323 of 2012 in OS.No.123 of 2010, thereby allowed the petition to frame a preliminary issue with regard to maintainability and also applicability of the provisions of Sections 10 to 12 of CPC and to try the same as preliminary issue.

2. The petitioners are the plaintiffs and the respondents are the defendants. The petitioners filed suit for declaration and permanent injunction in respect of the suit properties. While pending the suit, the respondents filed application under Order XIV Rule 2 of CPC r/w Sections 10, 11 & 12 and 151 of CPC to frame a preliminary issue with regard to maintainability of the suit and also applicability of the provisions of Sections 10 to 12 of CPC and to try the same as preliminary issue and the same was allowed. Aggrieved by the same, the present civil revision petition has been filed.

3. The learned counsel for the petitioners would submit that the application filed under Order XIV Rule 2 of CPC is not at all maintainable in respect of the issues relating to Sections 10, 11 and 12 of CPC. The provis