N.T.Murugan vs Duraisamy
2021 Latest Caselaw 12779 Mad

                                                                            C.R.P.(PD).No.2430 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 30.06.2021

                                                      CORAM:

                               THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                            C.R.P.(PD).No.2430 of 2018
                                            and C.M.P.No.14942 of 2018


                     1.N.T.Murugan
                     2.M.Indumathi                                                 ... Petitioners
                                                         Vs

                     Duraisamy                                                    ... Respondent



                     Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil

                     Procedure, against the Judgment and Decree dated 24.08.2016 in

                     C.M.A.No.12 of 2016 passed by the learned III Additional District Judge,

                     Salem reversing the Fair and Decreetal order dated 28.07.2015 in

                     I.A.No.467 of 2014 in O.S.No.431 of 2014 passed by the Principal Sub

                     Judge, Salem.




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https://www.mhc.tn.gov.in/judis/
                                                                                  C.R.P.(PD).No.2430 of 2018

                                         For Petitioners   : Mr.D.Shivakumaran

                                         For Respondent    : Mr.R.Marudhachalamurthy


                                                           **********


                                                            ORDER

The Civil Revision Petition is filed against the Judgment and Decree

dated 24.08.2016 in C.M.A.No.12 of 2016 passed by the learned III

Additional District Judge, Salem reversing the Fair and Decreetal order

dated 28.07.2015 in I.A.No.467 of 2014 in O.S.No.431 of 2014 passed by

the Principal Sub Judge, Salem, thereby granted the interim injunction.

2. The petitioners are the plaintiffs and the respondent is the 13th

defendant in the suit. The suit filed by the petitioners for declaration of title

declaring that the Judgment and Decree passed in O.S.No.54 of 2007 dated

22.04.2010 as null and void with the prayer of permanent injunction as

against the 13th defendant namely the respondent herein.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.2430 of 2018

3. The trial Court granted interim injunction and aggrieved by the

same, the respondent preferred an appeal. The I Appellate Court reversed

the same and dismissed the injunction petition. Aggrieved by the same, the

present Civil Revision Petition has been filed.

4. On perusal of the records, the petitioners have purchased the suit

property on 30.04.2008 from the 7th and 8th defendants. The 7th and 8th

defendants gave title over the property by sale deed executed by the other

defendants. The first defendant herein in the present suit filed a suit in

O.S.No.54 of 2007 for declaration declaring the sale deed executed in

favour of the 7th and 8th defendants herein as null and void and the same

has decreed by the Judgment and Decree dated 22.04.2010.

5. According to the respondent herein, after the Judgment and Decree

passed in O.S.No.54 of 2007, he purchased the suit property by the

registered sale deed, dated 17.09.2012, from the defendants 1 to 4 in the

present suit. Thereafter, the 13th defendant was to be in possession and he

constructed the house and his house is also assessed to the property tax. He

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.2430 of 2018

perused adangal extract and kist receipts before the Court below and marked

as Ex.R1 to Ex.R3.

6. Whereas, the petitioners herein purchased the suit property while

pending the suit in O.S.No.54 of 2007 by the registered sale deed dated

30.04.2008 from the 7th and 8th defendants herein, the petitioners have

produced to prove their possession and enjoyment of the suit property,

Ex.P3 and Ex.P4 namely patta and kist receipts in respect of the suit

property. On the strength of the Ex.P3 and Ex.P4, the trial Court granted

interim injunction.

7. Whereas, the I Appellate Court considered Ex.R1 to Ex.R3 and

also stated that the petitioners purchased the suit properties pending suit.

Therefore, this Court felt that if discussed about the veracity of those

documents which would affect the trial for petitioners as well as the

respondent herein.

8. Therefore, this Court is of the considered opinion that the

petitioners as well as the respondent are directed to maintain status-quo in

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.2430 of 2018

respect of the suit property as on today till the disposal of the main suit.

The trial Court is directed to dispose the suit, within a period of six months

from the date of receipt of a copy of this order.

9. Accordingly, this Civil Revision Petition is disposed of.

Consequently, the connected miscellaneous petition is closed. No order as

to costs.

30.06.2021 Internet:Yes Index:Yes/No Speaking/Non speaking order rna

To

1.The III Additional District Judge, Salem.

2.The Principal Sub Judge, Salem.

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD).No.2430 of 2018

G.K.ILANTHIRAIYAN. J,

rna

C.R.P.(PD).No.2430 of 2018 and C.M.P.No.14942 of 2018

30.06.2021

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