Madras High Court
Ramiza Bevi vs Mohamed Goush on 8 February, 2021
C.M.A.No.203 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.203 of 2021
and
C.M.P.No.1429 of 2021
Ramiza Bevi ..Appellant
Vs.
1.Mohamed Goush
2.Sabdar Hussain
3.Jahir Hussain
4.Mazjith Al Kuba ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1(r) of
C.P.C, to set aside the Fair and Decreetal order dated 12.08.2013 passed
in I.A.No.400 of 2013 in O.S.No.206 of 2012.
For Appellants : Mr.M.B.Hussanara Begum
JUDGMENT
The Fair and Decreeal order dated 12.08.2013 passed in
I.A.No.400 of 2013 in O.S.No.206 of 2012 is under challenge in the
present civil miscellaneous appeal.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.203 of 2021
2. The appellant is the plaintiff, who instituted a suit for partition.
During the pendency of the suit, interlocutory application in I.A.No.400
of 2013 is filed seeking an order of temporary injunction against the
defendants 1, 2, 4 and 14 restraining them their men and agents from in
any manner way involved in the process of construction of shopping
complex in the schedule mentioned property till the disposal of the suit.
The trial Court considered the facts and circumstances elaborately and
dismissed the interlocutory application. Against which, the present
appeal is filed.
3. Interim orders are to be granted only if a prima face case is
made out and more than that, a balance of convenience is to be taken
into consideration while granting an order of interim injunction. Rights
of both parties are protected during the pendency of the civil suit. The
interlocutory application was filed in the year 2013 and it was dismissed
on 12.08.2013 itself. The suit is pending without any interim order for
the past about seven years. Thus, at this length of time, this Court is not
inclined to grant interim order or interfere with the findings of the trial
Court for dismissal of the interlocutory application. The parties are at
liberty to adjudicate all the grounds raised in the main suit and the suit is
https://www.mhc.tn.gov.in/judis/
to be decided on merits and in accordance with law. Accordingly, the
C.M.A.No.203 of 2021
Fair and Decreetal order dated 12.08.2013 passed in I.A.No.400 of 2013
in O.S.No.206 of 2012 stands confirmed and consequently, the Civil
Miscellaneous Appeal stands dismissed. The trial Court is requested to
dispose of the suit as expeditiously as possible preferably within a
period of one year from the date of receipt of a copy of this order.
4. The parties to the appeal are restrained from seeking
unnecessary adjournments. Adjournments are to be granted only on
genuine grounds and by recording reasons. Adjournments on flimsy
grounds are to be rejected in limine by all Courts. The parties cannot be
given privilege of getting adjournments for their benefit in order to
prolong and protract the issues. No costs. Consequently, connected
miscellaneous petition is closed.
08.02.2021
ssb
Index: Yes/No
Internet:Yes/No
Speaking/Non-Speaking order
https://www.mhc.tn.gov.in/judis/ S.M.SUBRAMANIAM, J.
C.M.A.No.203 of 2021
ssb
To
The Principal District Judge, Chengalpattu.
C.M.A.No.203 of 2021
08.02.2021
https://www.mhc.tn.gov.in/judis/
