Siruvalai Mathina Pallivasal By vs Shapeeya Bi
2021 Latest Caselaw 852 Mad

                                                                                C.M.A.No.4690 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 11-01-2021

                                                           CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    C.M.A. No.4690 of 2019
                                                             And
                                                    C.M.P.No.26641 of 2019

                     Siruvalai Mathina Pallivasal by
                     It's Muthavalli,
                     Siruvalai Village,
                     Vikravandi Taluk,
                     Villupuram District.                                  .. Appellant

                                                              vs.

                     Shapeeya Bi                                           .. Respondent

                                   The Civil Miscellaneous Appeal is preferred under Order 43 Rule 1
                     of Code of Civil Procedure, against the order and decretal order dated
                     16.10.2019 passed in IA No.376 of 2019 in O.S.No.187 of 2019 by the
                     learned Principal District Judge, Villupuram.


                                   For Appellant         : Mr.P.Sankaranarayanan

                                   For Respondent        : Mr.K.Krishnan




                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.4690 of 2019


                                                     JUDGMENT

The fair and decretal order dated 16.10.2019 passed in I.A.No.376

of 2019 in O.S.No.187 of 2019 by the learned Principal District Judge,

Villupuram, is under challenge in the present Civil Miscellaneous Appeal.

2. The 18th defendant is the appellant and the first respondent

instituted a suit for declaration and injunction. Along with the suit, an

Interlocutory Application in I.A.No.376 of 2019 was filed by the plaintiff,

seeking an order of interim injunction. The Trial Court granted an order of

interim injunction based on the facts and circumstances.

3. The Trial Court was of the opinion that a prima facie case was

made out by the plaintiff and accordingly, granted an order of interim

injunction.

4. The 18th defendant filed the present Civil Miscellaneous

Appeal on the ground that the Mosque is under construction and in the

event of continuance of the interim injunction, people may not be in a

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4690 of 2019

position to start their worship in the Mosque, which is an incomplete

building.

5. This Court is of the considered opinion that a balanced and

pragmatic approach is required for the purpose of grant of order of interim

injunction.

6. Suit is for declaration and permanent injunction. The 18th

defendant is impleaded as a party in the original suit. The plaintiff claims

that she is having the title over the suit property. Under these circumstances,

the Trial Court granted interim injunction not to put up any construction till

the disposal of the suit.

7. This Court is of the considered opinion that pending dispute if

the constructions are allowed to be progressed, then the same would cause

prejudice to either of the parties. If the appellant in the present Civil

Miscellaneous Appeal spent huge amounts and completed the building, then

it would be very difficult to mitigate the circumstances. Contrarily, the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4690 of 2019

appellant can wait for some more time till the disposal of suit, so that the

rights of the parties to the suit can be crystallised by conducting a full-

fledged trial.

8. This being the balanced approach to be adopted, vacating the

interim order of injunction granted by the Trial Court, at this point of time,

is not preferable. Contrarily, the Trial Court may dispose of the same as

expeditiously as possible in the interest of the parties to the suit.

9. Accordingly, the fair and decretal order dated 16.10.2019

passed in I.A.No.376 of 2019 in O.S.No.187 of 2019 by the learned

Principal District Judge, Villupuram stands confirmed. However, the Trial

Court is directed to dispose of the suit as expeditiously as possible

preferably within a period of six months from the date of receipt of a copy

of this judgment. The parties to the civil suit are directed to cooperate for

the early disposal of the suit. The Trial Court shall not grant unnecessary

adjournments at the instance of the parties. Even if the matter is to be

adjourned on genuine grounds, reasons are to be recorded.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4690 of 2019

10. With the above observations, CMA No.4690 of 2019 stands

dismissed. However, there shall be no order as to costs. Consequently,

connected miscellaneous petition is also dismissed.

11-01-2021

Index : Yes/No.

Internet: Yes/No.

Speaking Order/Non-Speaking Order Svn

To

The Principal District Judge, Principal District Court, Villupuram.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4690 of 2019

S.M.SUBRAMANIAM, J.

Svn

CMA No.4690 of 2019

11-01-2021

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