Madras High Court
K.Palaniyammal vs P.Ganeshan on 21 January, 2021
C.M.A.No.2834 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.2834 of 2019
1.K.Palaniyammal
2.M.Dhanalakshmi
3.N.Palaniammal
4.K.Shanmuga Sundaram
5.D.Vanja ..Appellants
Vs.
1.P.Ganeshan
2.R.Valarmathi
3.R.Gokulakrishnan
..Respondents
Prayer : Civil Miscellaneous Appeal filed under Order LXIII Rule 1 of
C.P.C., against the fair and decreetal order dated 13.12.2018 passed in
I.A.No.821 of 2018 in O.S.No.311 of 2018 on the file of the III
Additional District and Sessions Court, Coimbatore.
For Appellants : Mr.G.T.Subramanian
For Respondents : Mr.V.Nicholas
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2834 of 2019
JUDGMENT
The fair and decreetal order dated 13.12.2018 passed in
I.A.No.821 of 2018 in O.S.No.311 of 2018, is under challenge in the
present civil miscellaneous appeal.
2. The plaintiffs are the appellants in the present civil
miscellaneous appeal. The suit was instituted for declaration and
partition. Along with the suit, an interlocutory application was filed
seeking an order of interim injunction. The Trial Court passed an order
of status-quo till the disposal of the suit in I.A.No.653 of 2018.
Subsequently, I.A.No.821 of 2018 was filed by the defendants to vacate
the order of status-quo. The Trial Court allowed the application in
I.A.No.821 of 2018, by vacating the order of status-quo. Challenging
the said order, the present appeal has been filed.
3. This Court is of the considered opinion that the interim orders
are to be granted in a balanced manner and without causing prejudice to
either of the parties to the suit. If the prima facie case is made out by
either of the parties, then the interim orders are to be granted without
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2834 of 2019
causing prejudice to the interest and rights of the parties, so as to
adjudicate the issues raised in the main suit. In the present case, an order
of status-quo was granted by the Trial Court which would certainly
protect the interest of both plaintiffs as well as the defendants. In the
event of vacating the order of status-quo, either of the party cause
impeachment to the rights of other party. Then, it is not preferable to
vacate the order of status-quo already granted. Therefore, the Trial Court
has committed an error in vacating the order of status-quo, which is in
force for the past about two years.
4. In these circumstances, this court is inclined to interfere with
the order impugned in this civil miscellaneous appeal. Consequently, the
fair and decreetal order dated 13.12.2018 passed in I.A.No.821 of 2018,
is set aside and consequently, C.M.A.No. 2834 of 2019 stands allowed.
Thus, the order of status-quo is directed to be continued till the disposal
of the suit. No costs.
5. The Trial Court is directed to dispose of the suit as
expeditiously as possible within a period of ten months from the date of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2834 of 2019
receipt of a copy of this order. The parties to the suit are directed to
cooperate for the earlier disposal of the suit. The Trial Court should
decline unnecessary adjournments on flimsy grounds if sought for by the
parties to the suit. The adjournments sought are to be granted only on
genuine grounds and by recording reasons. Thus, the Trial Court is
expected to proceed with the case without granting any unnecessary
adjournments either at the instance of the parties or by the Courts.
21.01.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
To
The III Additional District and Sessions Court, Coimbatore.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2834 of 2019
S.M.SUBRAMANIAM, J.
gsk
C.M.A.No.2834 of 2019
21.01.2021
https://www.mhc.tn.gov.in/judis/
