Madras High Court
An.Somasundarm vs Rani Meyyammai Achi Of Chettinad ... on 16 November, 2021
CMA(MD)Nos.350 of 2021 & 707 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)Nos.350 of 2021 & 707 of 2020 &
CMP(MD)Nos.2866 of 2021 & 7187 of 2020
CMA(MD)No.350 of 2021
AN.Somasundarm ... Appellant
vs.
1.Rani Meyyammai Achi of Chettinad Trust,
Rep. by its Secretary, V.Palaniyappan
2.R.M.Palaniyappan,
Trustee, Rani Meyyammai Achi of Chettinad Trust
3.L.Muthukrishnan,
Trustee, Rani Meyyammai Achi of Chettinad Trust
4.V.Chandramooleeswaran,
Trustee, Rani Meyyammai Achi of Chettinad Trust
5.Tamil Isai Sangam,
Rep. by its Manager,
A.S.Palaniyappan,
Dr.Ambedkar Salai,
Madurai - 625 020.
6.A.Natarajan
7.T.Thenappa Chettiar
8.K.Chidambaram
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CMA(MD)Nos.350 of 2021 & 707 of 2020
9.Dr.R.Ramanathan
10.RM.Lakshmanan ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Order 9 Rule 13 of
CPC to set aside the fair and decreetal order of the learned Principal
District Judge, Madurai in IA.No.690 of 2020 in OS.No.48 of 2019,
dated 27.08.2020 and dismiss the same.
For Appellant :Mr.R.Srinivas for
Mr.G.Ganesh Kumar
For R1 to R3 : Mr.Isaac Mohanlal, Senior Advocate
for M/s.Aishwarya Sandaleena
For R5 :Mr.V.Selvaraj
for Mr.S.Sithirai Anandam
For R4, R6 to R10 : No appearance
CMA(MD)No.707 of 2020
Tamil Isai Sangam,
Rep. by its Manager,
A.S.Palaniyappan,
Dr.Ambedkar Salai,
Madurai - 625 020. ... Appellant
vs.
1.Rani Meyyammai Achi of Chettinad Trust,
Rep. by its Secretary, V.Palaniyappan
2.R.M.Palaniyappan,
Trustee, Rani Meyyammai Achi of Chettinad Trust
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CMA(MD)Nos.350 of 2021 & 707 of 2020
3.L.Muthukrishnan,
Trustee, Rani Meyyammai Achi of Chettinad Trust
4.V.Chandramooleeswaran,
Trustee, Rani Meyyammai Achi of Chettinad Trust
5.A.Natarajan
6.T.Thenappa Chettiar
7.K.Chidambaram
8.Dr.R.Ramanathan
9.RM.Lakshmanan
10.AN.Somasundarm ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Order XLIII Rule 1 of
CPC to set aside the fair and decreetal order of the learned Principal
District Judge, Madurai in IA.No.690 of 2020 in OS.No.48 of 2019,
dated 27.08.2020 and dismiss the same.
For Appellant :Mr.V.Selvaraj
for Mr.S.Sithirai Anandam
For R1 to R3 : Mr.Isaac Mohanlal, Senior Advocate
for M/s.Aishwarya Sandaleena
For R10 : R.Srinivas for
Mr.G.Ganesh Kumar
For R4 to R9 : No appearance
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CMA(MD)Nos.350 of 2021 & 707 of 2020
COM MON JUDGMENT
Both the Civil Miscellaneous Appeals are filed by the appellants to
set aside the order dated 27.08.2020 in IA.No.690 of 2020 in OS.No.48
of 2019.
2. For the sake of convenience, the parties are called as per their
ranks before the lower Court.
3. IA.No.690 of 2020 was filed by the plaintiffs under Order 39
Rules 1 and 2 read with Section 151 of CPC, to grant interim injunction.
The defendants 1 to 3 and 5 to 7 filed petition in IA.No.2832 of 2019
under Order 7 Rule 11(a)(b)(c)(d) and Section 151 of CPC, to reject the
plaint. In IA.No.690 of 2020, notice was taken by the plaintiffs on
21.08.2020 and the defendants prayed time for filing counter. The case
was adjourned to 27.08.2020 and taken up for hearing within six days. It
is seen from the daily case status that, on 27.08.2020, all the cases were
adjourned due to Covid-19 lock down, except IA.No.690 of 2020. Even
though there was no representation on the side of the defendants 1 to 3
and 5 to 7 and no documents were marked on the side of the plaintiffs,
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CMA(MD)Nos.350 of 2021 & 707 of 2020
the then Principal District Judge, Madurai had taken up the case and
allowed the application on 27.08.2020. Since, without hearing the
defendants, Interlocutory Application was allowed by the then Principal
District Judge, Madurai, this Court is inclined to set aside the order
passed in IA.No.690 of 2020 on 27.08.2020 and remand the matter to the
file of Principal District Court, Madurai.
4. The learned Principal District Judge, Madurai is directed to
restore IA.No.690 of 2020 on file, and give an opportunity for the
defendants/appellants herein, to file counter and dispose IA.No.690 of
2020 along with IA.No.2832 of 2019, filed by the defendants 1 to 3 and 5
to 7, on merits, within a period of one month from the date of receipt of a
copy of this Order. The defendants/appellants herein are directed to file
counter within 10 days from the date of receipt of a copy of this Order.
5. With the above direction and observation, both the Civil
Miscellaneous Appeals are disposed of. No costs. Consequently, the
connected Miscellaneous Petitions are closed.
16.11.2021
Index : Yes/No
Internet : Yes/No
mbi
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CMA(MD)Nos.350 of 2021 & 707 of 2020
S.ANANTHI, J.
mbi
Note : (i) Issue Order Copy on 17.11.2021
(ii) In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official purposes,
but, ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant concerned.
To
The Principal District Court, Madurai
CMA(MD)Nos.350 of 2021 & 707 of 2020
16.11.2021
https://www.mhc.tn.gov.in/judis
