C.M.A.(MD)No.158 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.09.2022
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.M.A.(MD)No.158 of 2022
and C.M.P.(MD)No.1401 of 2022
B.Priya ... Appellant/Petitioner/Plaintiff
Vs.
1. A.Ragupathi Raja
Pappammal (Died)
2. G.Vasantha
3. A.Kasthuri Raja
4. A.Ravichandran
5. R.Ravikumar
6. A.Rukmani
7. A.Packia Lakshmi
(R2 set exparte before the
lower Court hence notice
not necessary) ... Respondents/Respondents/Defendants
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https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.158 of 2022
Prayer : This Civil Miscellaneous Appeal filed under Order 43 Rule 1(r)
of C.P.C., to set aside the order dated 19.01.2021 passed in I.A.No.693 of
2016 in O.S.No.143 of 2016 on the file of the VI Additional District Court,
Madurai.
For Appellant : Mr.G.Prabhu Rajadurai
For Respondents : Mr.B.Muthuraj
for R1, R3, R4, R6 & R7
Mr.G.Sridharan for R5
JUDGMENT
This Civil Miscellaneous Appeal is directed against the order passed in I.A.No.693 of 2016 in O.S.No.143 of 2016 dated 19.01.2021 on the file of the VI Additional District Judge, Madurai, closing the injunction application filed under Order 39 Rule 1 & 2 and Section 151 CPC.
2. The main contention of the appellant is that the learned trial Judge, without conducting any enquiry and passing of orders, has closed the application filed for injunction.
3. When the matter is taken up for hearing today (26.09.2022), the learned counsel on either side submitted that the fifth respondent/sixth defendant, who was set ex-parte, has already filed a petition for setting aside the ex-parte order and the same is pending. 2/4 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.158 of 2022
4. The learned counsel for the appellant would submit that all the defendants have filed their written statement and issues are yet to be framed.
5. Considering the above facts and circumstances and also the fact that the suit is pending from 2016 onwards, the trial Court is directed to dispose of the application filed by the sixth defendant for setting aside the ex-parte order within a period of one week from the date of receipt of a copy of this judgment and thereafter to proceed with the framing of issues and trial and complete the same within a period of four months thereafter.
6. With the above directions, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
26.09.2022 Index :yes/No Internet:yes/No csm To
1. The VI Additional District Judge, Madurai.
3/4 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.158 of 2022 K.MURALI SHANKAR,J.
csm C.M.A.(MD)No.158 of 2022 and C.M.P.(MD)No.1401 of 2022 26.09.2022 4/4 https://www.mhc.tn.gov.in/judis