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4. It appears from the materials on record that the plaintiff instituted Original Suit No. 430/2006 in the Court of District Munsif at Alandur praying for grant of permanent injunction restraining the defendant from interfering into the plaintiff’s peaceful possession and enjoyment of the suit property.

Later the plaintiff preferred an application seeking to amend the plaint.

8. The High Court while allowing the petition filed by the plaintiff observed in paras 6 and 7 respectively as under:-

“6. It is not in dispute that the revision petitioner filed the suit before the learned District Munsif, Alandur in O.S.No.436 of 2006 for permanent injunction and after filing of the written statement by the defendants, the petitioner filed the application in I.A.No.12 of 2008 for mandatory injunction based on the averments made in the written statement and the same was dismissed by the learned District Munsiff, Alandur. Thereafter, the revision petitioner filed the revision before this Court in CRP (PD) No.3764 of 2009 and same was allowed by this Court on 13.07.2011. Before carrying out the amendment of prayer in the plaint in respect of the revision petitioner filed an interlocutory application in I.A.No.1901 of 2013 for amending the plaint, declaration of title and recovery of possession. The learned District Munsif returned the application and suit to re- present before the competent Court which has got jurisdiction. The revision petitioner presented the suit before the learned Subordinate Judge, Tambaram and the suit was re-numbered as O.S.No.199 of 2013 and the application in I.A.No.1901 of 2011 was kept pending without assigning any new number to the said application. As stated by the learned counsel for the petitioner the petitioner was under