Seethakkathi Trust vs R.Mohanan
2021 Latest Caselaw 17640 Mad

                                                                      C.R.P.(PD).No.1259 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 27.08.2021

                                                       CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                             C.R.P.(PD)No.1259 of 2016
                                             and C.M.P.No.6947 of 2016

                     Seethakkathi Trust,
                     Rep. By its General Manager & Authorized Signatory,
                     V.N.A.Ahamed Jalaluddin,
                     Buhari Towers, Ground Floor,
                     No.4, Moores Road, Chennai 600 006.                 .. Petitioner

                                                           Vs.

                     R.Mohanan                                                .. Respondent

                     Prayer: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to set aside the fair and decreetal order in
                     C.M.A.No.4 of 2014 dated 11.02.2016 on the file of the Additional Sub
                     Court, Chengalpattu and restore the fair and decreetal order made in
                     I.A.No.732 of 2014 in O.S.No.515 of 2014 dated 15.09.2014 on the file
                     of the District Munsif Court, Chengalpattu.

                                          For Petitioner    : Mr.Sunder Mohan
                                                              for M/s.D.Venkateswaran

                                          For Respondent    : No appearance

                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                         C.R.P.(PD).No.1259 of 2016


                                                       ORDER

(The matter is heard through 'video conferencing/hybrid mode')

This Civil Revision Petition is filed to set aside the fair and

decreetal order dated 11.02.2016 made in C.M.A.No.4 of 2014 on the file

of the Additional Sub Court, Chengalpattu and restore the fair and

decreetal order dated 15.09.2014 made in I.A.No.732 of 2014 in

O.S.No.515 of 2014 on the file of the District Munsif Court,

Chengalpattu.

2.The petitioner is plaintiff in O.S.No.515 of 2014, on the file of

the District Munsif Court, Chengalpattu. The petitioner filed the said suit

for permanent injunction against the respondent and one another. The

petitioner also filed I.A.No.732 of 2014 for temporary injunction,

pending suit. The Trial Court granted exparte interim injunction. The

respondent, along with the other defendant, filed I.A.No.859 of 2014 to

vacate the interim injunction. Both the I.A.s were taken up on 15.09.2014

and the learned District Munsif, Chengalpattu, dismissed I.A.No.859 of

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.1259 of 2016

2014 and made the interim injunction absolute. The respondent filed

C.M.A.No.4 of 2014, challenging the said order. By the order dated

11.02.2016, the learned Additional Subordinate Judge, Chengalpattu,

allowed the C.M.A. and set aside the order of injunction in I.A.No.732 of

2014.

3.Against the said order dated 11.02.2016 made in C.M.A.No.4 of

2014, the petitioner has come out with the present Civil Revision

Petition.

4.Earlier, when the Civil Revision Petition was taken up for

hearing, this Court called for the report with regard to stage of the suit.

The learned Judge, by the report dated 17.04.2021, has informed that the

suit is posted to 22.04.2021 for trial and is not in the special list.

5.The learned counsel appearing for the petitioner raised various

grounds on merits and prayed to set aside the judgment dated 11.02.2016

made in C.M.A.No.4 of 2014 and allow the Civil Revision Petition.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.1259 of 2016

6.Though the respondent entered appearance through counsel,

there was no representation for him when the matter was taken up for

hearing on 19.08.2021. Today also, none appeared for the respondent.

7.Heard the learned counsel appearing for the petitioner and

perused the entire materials available on record.

8.From the materials on record, it is seen that the petitioner has

filed the suit for permanent injunction and filed I.A.No.732 of 2014 for

interim injunction, pending suit. The prayer in the main suit and I.A. for

interim relief are one and the same. The suit is of the year 2014. The

respondent filed written statement on 27.11.2015. The suit is posted for

trial. Considering the fact that the relief sought for in the main suit and

I.A. are one and the same, without deciding the Civil Revision Petition

on merits, it is suffice to direct the learned District Munsif Court,

Chengalpattu, to dispose of the suit as expeditiously as possible, in any

event, within a period of nine months. The interim injunction already

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.1259 of 2016

granted by this Court in C.M.P.No.6947 of 2016 in C.R.P.No.1259 of

2016, on 20.04.2016, is to continue till the disposal of the suit.

With the above direction, the Civil Revision Petition is disposed

of. No costs. Consequently, connected Miscellaneous Petition is closed.

27.08.2021 Index :: Yes/No gsa

To

1.The Additional Subordinate Judge, Chengalpattu.

2.The District Munsif, Chengalpattu.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.1259 of 2016

V.M.VELUMANI, J.

gsa

C.R.P.(PD)No.1259 of 2016

27.08.2021

https://www.mhc.tn.gov.in/judis/