S.P.Mourouganandame vs B.Vassouguy
2021 Latest Caselaw 1123 Mad

                                                                                 C.M.A.No.2061 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 19.01.2021

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                C.M.A.No.2061 of 2015
                                                        and
                                                M.P.Nos.1 & 2 of 2015

                     1.S.P.Mourouganandame                                         ..Appellant

                                                           Vs.
                     1.B.Vassouguy
                     2.P.Navanidame
                     3.C.Malar
                     4.Calaiselvy
                     5.V.Jayanthi
                     6.P.Sittra
                     7.S.P.Senthil                                              ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of
                     C.P.C., against the fair and decreetal orders dated 15.06.2015 in
                     I.A.No.115 of 2013 in O.S.No.31 of 2013 before the 3rd Additional
                     District Judge at Puducherry.


                                      For Appellant    :         Mr.Stalin Abhimanyu

                                      For Respondents :          Mr.D.Ravichandar
                                                                  [For R1]
                                                                 No appearance for R2 to R7


                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                                C.M.A.No.2061 of 2015



                                                  JUDGMENT

The Fair and Decreetal orders dated 15.06.2015 in I.A.No.115 of

2013 in O.S.No.31 of 2013 before the 3rd Additional District Judge,

Puducherry is sought to be set aside in the present Civil Miscellaneous

Appeal.

2. The suit was instituted by the 1st respondent for Partition.

Along with the suit, an Interlocutory Application is filed seeking interim

injunction. Considering the facts and the circumstances, the trial Court

granted an order of Interim injunction on 15.06.2015, against which, the

present miscellaneous appeal is filed. Admittedly, the interim injunction

granted by the trial Court is in force for the past about 5 years.

3. The learned counsel for the respondents brought to the notice

of this Court that the trial has already commenced and in progress.

4. The learned counsel for the appellant made a submission that in

the Civil Miscellaneous Appeal, the interim stay was granted. However,

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2061 of 2015

the learned counsel for the respondents state that the interim stay

granted was not extended by this Court. In order to give a quietus in this

dispute, this Court is of an opinion that both the parties are directed to

maintain the Status quo till the disposal of the suit by the trial Court.

Thus, the appellant as well as the respondents are directed to maintain

Status quo as on today till the disposal of the main suit. In view of the

fact that the trial has already commenced, the trial Court is requested to

proceed with the trial as expeditiously as possible and dispose of the suit

preferably within a period of six (6) months from the date of receipt of a

copy of this judgment. The parties to the suit are directed to co-operate

for the early disposal of the suit.

5. Accordingly, the Fair and Decreetal orders dated 15.06.2015 in

I.A.No.115 of 2013 in O.S.No.31 of 2013 on the file of the 3 rd

Additional District Judge, Puducherry stands modified and

consequently, the Civil Miscellaneous Appeal in C.M.A.No.2061 of

2015 stands disposed of.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2061 of 2015

S.M.SUBRAMANIAM, J.

kak

6. 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 petitions are closed.

19.01.2021

kak Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order

To

1. The III Additional District Judge, Puducherry.

2.The Sub-Assistant Registrar, A.E.Section, High Court of Madras.

C.M.A.No.2061 of 2015

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