B.Ravikumar vs J.Chandrasekar
2021 Latest Caselaw 11298 Mad

                                                                              C.R.P. No.1095 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 06.05.2021

                                                      CORAM:

                                THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                              C.R.P. No. 1095 of 2021
                                                       and
                                              C.M.P. No. 8532 of 2021

                       1. B.Ravikumar
                       2. B.Baskaran                                           ... Petitioners

                                                         Vs.

                 J.Chandrasekar                                               ... Respondent


                          This Civil Revision Petition has been filed under Article 227 of the
                 Constitution of India, praying to set aside the docket order dated 19.04.2021 made
                 in I.A. No. 2 of 2021 in C.M.A. No. 15 of 2021 on the file of I Additional City
                 Civil Court, Chennai.

                          For Petitioners   : Mr. S.Janarthanam

                          For Respondent    : Mr. B.R.Shankaralingam




                                                       ORDER

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(through video conference)

The Civil Revision Petition challenges order dated 19.04.2021 made in I.A. No. 2

of 2021 in C.M.A. No. 15 of 2021 by the I Additional Judge, City Civil Court, Chennai

(Appellate Court). The said appeal in C.M.A. No. 15 of 2021 arises from the order dated

02.03.2021 in I.A. No. 2 of 2021 in O.S. No. 566 of 2021 passed by the XV Assistant

Judge, City Civil Court, Chennai (Trial Court). The parties are referred hereafter as per

their description in the suit in O.S. No. 566 of 2021 before the Trial Court for the sake of

convenience.

2. It is the case of the Plaintiff in the suit in O.S. No. 566 of 2021 is that an extend of

1 ground is owned by M/s. Munir Khan Pious and Religious Charities and the Plaintiff

has been let out the shop portion of an extent of 120 square feet in that property by a

tenancy agreement dated 01.07.1986 where he carries on his business. The Defendants,

who are residing in the adjacent portion of that property, are also tenants and they have

been interfering with the carrying on business of the Plaintiff in his property. In that

backdrop, the Plaintiff had instituted that suit for granting permanent injunction

restraining the Defendants, their henchmen, hooligans, agents, servants, representatives or

any one claiming under them etc., from causing disturbance /interference with the conduct

of his business in the suit property except under due process of law. The Plaintiff had filed

http://www.judis.nic.in C.R.P. No.1095 of 2021

an application in I.A. No. 2 of 2021 for interim injunction in the said suit, which was

resisted by the Defendants by contending that the Plaintiff does not have any right to the

property claimed by him. The Trial Court by order dated 02.03.2021 had dismissed that

application against which the appeal in C.M.A. No. 15 of 2021 has been preferred by the

Plaintiff before the Appellate Court, which has by an interim order dated 19.04.2021 in

I.A. No. 2 of 2021 in that appeal granted interim injunction and after the appearance of

the Defendants, has extended the same on 26.04.2021, 28.04.2021 and 30.04.2021 and

posted the case for next hearing on 02.06.2021. The grievance ventilated by the

Defendants in this Civil Revision Petition is that when the Trial Court itself had not

granted any interim order during the pendency of the suit, the Appellate Court ought not

to have granted any interim relief and extended the same.

3. Heard Mr. S.Janarthanam, Learned Counsel appearing for the Defendants and

Mr. B.R.Shankaralingam, Learned Counsel who takes notice for the Plaintiff, and perused

the materials placed on record, apart from the pleadings of the parties.

4. Since the Civil Revision Petition arises out of an interim order in I.A. No. 2 of

2021 in the pending appeal in C.M.A. No. 15 of 2021 before the Appellate Court, it

would not be appropriate at this pre-mature stage to adjudicate upon the contradictory

http://www.judis.nic.in C.R.P. No.1095 of 2021

claims of the parties and the proper recourse would be to require the Appellate Court to

hear both sides and expeditiously dispose the appeal. It is made clear that no view has

been expressed by this Court on the correctness or otherwise on the respective contentions

of the parties.

5. It is also agreed by the Learned Counsel appearing on both sides that without

awaiting the outcome of the appeal in C.M.A. No. 15 of 2021, the parties would

co-operate for the early disposal of the suit in O.S. No. 566 of 2021 before the Trial

Court. Learned Counsel for the Defendants states that Written-statement would be filed by

the Defendants on the next hearing on 11.06.2021. The Trial Court shall thereafter frame

issues immediately and commence recording of evidence of the parties. It shall be ensured

that there is atleast one effective hearing every week showing the progress of the suit.

After affording full opportunity to both sides following the prescribed procedure, a

reasoned judgment shall be passed on merits and in accordance with law and report of

compliance filed before the Registrar (Judicial) of this Court by 31.08.2021.

6. Since factual dispute exists as to the possession of the property, it is agreed by the

Learned Counsel appearing for both sides that a CCTV camera can be affixed at the

entrance of the property by the police authorities to keep vigil of nature of activities taking

http://www.judis.nic.in C.R.P. No.1095 of 2021

place at the property during the pendency of the suit. The expenses for the same is

undertaken to be fully borne in advance by the Defendants and Learned Counsel for the

Defendants has filed a memo dated 05.05.2021 to that effect through e-mail which is

placed on record. The jurisdictional Assistant Commissioner of Police through the

Inspector of Police, Egmore Police Station, Chennai – 600008, shall take necessary action

in that regard, ensure safe custody of the equipment, preserve recordings in periodical

manner and when asked, produce the video-clippings before Court for verification.

7. In the result, the Civil Revision Petition is disposed on the aforesaid terms.

Consequently, connected Miscellaneous Petition is closed. No costs.

06.05.2021

Maya

Index : Yes

Internet : Yes

Note : Issue order copy by 13.05.2021.

http://www.judis.nic.in C.R.P. No.1095 of 2021

P.D.AUDIKESAVALU, J.

Maya

To

1. XV Assistant Judge, City Civil Court, Chennai.

2. I Additional Judge, City Civil Court, Chennai.

3. The Inspector of Police, Egmore, Chennai – 600008.

4. The Assistant Commissioner of Police, Egmore, Chennai – 600008.

C.R.P. No. 1095 of 2021

Dated : 06.05.2021

http://www.judis.nic.in