IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 11.04.2023 DELIVERED ON : 28.02.2024 CORAM THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRP.No.2235 of 2020 S.Jayaprakash : Petitioner/Petitioner/Plaintiff Vs.

Kovai Mavatta Kulalar Mandram Represented by its Vice President Mr.M.Rajagopal : Respondent/Respondent/7^th Defendant PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal Order dated 28.08.2020 made in I.A.No.769 of 2017 in O.S.No.855 of 2011 on the file of the IV Additional District Munsif Court, Coimbatore.

For Petitioner : Mr.M.Guruprasad For Respondent : Mr.C.Prakasam ***

O R D E R

This Civil Revision Petition has been filed to set aside the fair and decreetal Order dated 28.08.2020 made in I.A.No.769 of 2017 in O.S.No.855 of 2011 on the file of the learned IV Additional District https://www.mhc.tn.gMov.iun/njudsiisf Judge, Coimbatore.

2. The learned Counsel for the Revision Petitioner submitted that the Revision Petitioner is the Plaintiff in O.S.No.855/2011. He had filed I.A.No.769/2017 in O.S.No.855/2011 under Order XI Rules 14 and 16 r/w. 151 of Civil Procedure Code directing the seventh Defendant to furnish by-laws of the Kovai Mavatta Kulalar Mandram/Society and also the Registration copy of the said Mandram. The seventh Defendant as Respondent in I.A.No.769/2017 vehemently objected to the same as Petitioner in I.A.No.769/2017 is not a member of the seventh Defendant Society and there is no dispute between him and other Office bearers of the seventh Defendant/Society. The same is not relevant to the facts in dispute between the Plaintiff and the seventh Defendant in O.S.No.855/2011. Therefore, the Petition filed by the Plaintiff in I.A.No.769/2017 is not maintainable and is to be dismissed. After due enquiry, the learned IV Additional District Munsif, Coimbatore by Order dated 28.08.2020 dismissed the I.A.No.769/2017 in O.S.No.855/2011. Aggrieved by the same, the Plaintiff in O.S.No.855/2011 had filed this Revision Petition under Article 227 of Constitution of India seeking to set aside the dismissal Order of the learned IV Additional District Munsif, Coimbatore in I.A.No.769/2017 in O.S.No.855/2011, dated 28.08.2020.

3.It is the submission of the learned Counsel for the Revision Petitioner that the Revision Petitioner/Plaintiff had filed the Suit seeking to declare that the sale deed dated 10.04.2002 executed by the fifth Defendant in favour of seventh Defendant/Society which was registered under Document No.1453/2002 on the file of the Sub Registrar of Ganapathy, Coimbatore on 07.06.2002 is invalid, illegal, improper and void ab initio as it is a fraudulent one. Also, seeking declaration that the Building Licence dated 03.06.2010 issued by the second Defendant in the Suit in favour of the sixth Defendant (District Kulalar Mandram) is invalid, illegal, improper and void ab initio as it is based on the fraudulent Title Deed dated 10.04.2002 registered as Document No.1453/2002 on 07.06.2002 before the Sub Registrar, Ganapathy, Coimbatore. Also, seeking consequential mandatory injunction directing the sixth Defendant (District Kulalar Mandram) to remove illegal construction made over the portion of the Item No.1 of the Suit Schedule property based on the Building Licence dated 03.06.2010 issued by the second Defendant in the Suit in favour of the sixth Defendant (District Kulalar Mandram).

4. In the scheduled property, Item No.1 is a common lane within the local limits of Coimbatore Corporation running North to South which is Southern end at East to West Thiyagi Kumaran Street, situated at Ward No.T-20, Block No.19 T.S.No.48, Old Survey No.280/Part, 51, Ganapathy, Thyiagi Kumaran Street, Coimbatore. Item-2 is the property purchased by the Plaintiff and Item No.3 is the property which is claimed by the Plaintiff as encroached on the portion of Item No.1 of the property. It is the contention of the learned Counsel for the Revision Petitioner th