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SUPREME COURT OF INDIA

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PETITIONER:

A. VENKATASUBBIAH NAIDU

Vs.

RESPONDENT:

S. CHELLAPPAN AND ORS.

DATE OF JUDGMENT: 19/09/2000

BENCH:

K.T. Thomas & R.P. Sethi

JUDGMENT:

THOMAS, J.

Leave granted.

L...I...T.......T.......T.......T.......T.......T.......T..J

When a plaintiff rushed to the civil court for an ex-

parte interim order of injunction against some of the

defendants and obtained it, those defendants rushed to the

High Court to get that order quashed. Both parties

succeeded in their respective endeavour and now both of them

accuse each other for the course adopted by the other. This

appeal is by special leave at the instance of the plaintiff.

The subject matter of the litigation is a property

bearing Door No.177 to 182 on the Big Street at Triplicane

in Madras (now Chennai). At this stage and in this appeal

it is unnecessary to narrate the facts pleaded by the

plaintiff in the plaint nor by the contesting first

defendant in answer thereto regarding the right to the suit

property. Suffice it to say that plaintiff claims to be a

lessee under one S. Alagu (who is a