S.Thirugnanasamantham vs V.Jayalakshmi
2021 Latest Caselaw 1431 Mad

                                                                                   C.M.A.No.40 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 21.01.2021

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.40 of 2021


                     1.S.Thirugnanasamantham
                     2.T.Samidurai
                     3.T.Shanmugasundam
                     4.T.Mohan
                     5.T.Ramesh
                     6.M.Backiyalakshmi
                     7.S.Sakaradevi
                     8.C.Soundarajan                                               ..Appellants

                                                           Vs.
                     V.Jayalakshmi                                                 ..Respondent

                     Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1 of
                     C.P.C., against the order dated 15.09.2020 made in I.A.No.2 of 2020 in
                     O.S.No.21 of 2020 on the file of the Hon'ble District Judge Court,
                     Karaikal.


                                      For Appellant    :         Mr.S.Mariselvam




                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                                 C.M.A.No.40 of 2021



                                                  JUDGMENT

The Fair and Decreetal order dated 15.09.2020 made in I.A.No.2

of 2020 in O.S.No.21 of 2020 on the file of the Hon'ble District Judge

Court, Karaikal, is under challenge in the present Civil Miscellaneous

Appeal.

2. The appellants are the defendants in the suit. The respondent

instituted a suit for Partition and Declaration and along with the suit, the

plaintiff filed an Interlocutory Application to grant an order of interim

injunction. The trial Court elaborately considered the prima facie made

out between the parties and in order to maintain balance, the trial Court

formed an opinion and granted an order of interim injunction. The

interim injunction granted is that the respondents in the Interlocutory

Application are restrained from alienating the properties till the disposal

of the suit.

3. This Court is of the considered opinion that while granting an

order of interim injunction, a balancing approach is required. If a prima

facie case is made out by the parties, who all are approaching the Court,

https://www.mhc.tn.gov.in/judis/ C.M.A.No.40 of 2021

the Courts are bound to adopt a pragmatic approach and grant an order

of injunction in the interest of all the parties to the litigations. In the

present case, the interim injunction granted is not to alienate the suit

property and this Court is of the considered opinion that no interference

is required, in view of the fact that the rights of the parties are to be

crystallized in the main suit. The injunction granted would not affect the

interest of the parties.

4. Therefore, the Fair and Decreetal order dated 15.09.2020 made

in I.A.No.2 of 2020 in O.S.No.21 of 2020 on the file of the Hon'ble

District Judge Court, Karaikal, is confirmed and consequently, the Civil

Miscellaneous Appeal in C.M.A.No.40 of 2021 stands dismissed. The

trial Court is requested to dispose of the suit as expeditiously as

possible, within a period of one(1) year 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.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.40 of 2021

S.M.SUBRAMANIAM, J.

kak

5. 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.

21.01.2021

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

To

1. The District Judge Court, Karaikal.

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

C.M.A.No.40 of 2021

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