Madras High Court
Tributo Holdings Pvt. Ltd vs K.Arul Mozhi on 5 October, 2021
C.M.A.No.2154 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2154 of 2021
and C.M.P.No.11909 of 2021
1. Tributo Holdings Pvt. Ltd.,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club Road, Chetpet,
Chennai - 600 031.
2. Huracan Holdings Pvt. Ltd.,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club Road, Chetpet,
Chennai - 600 031.
3. Portfino Holdings Pvt. Ltd.,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club Road, Chetpet,
Chennai - 600 031. .. Appellants
Vs.
1. K.Arul Mozhi
2. M.Akila
3. V.Arunalini
4. Selvaraj Arun Kumar
5. S.Amudha Ganesan
6. A.Praveena
7. A.Akshara
8. S.R.Booshanam .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Order XLIII Rule 1(r) of
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C.M.A.No.2154 of 2021
Code of Civil Procedure to set aside the order passed in I.A.No.2 of 2021 in
O.S.No.201 of 2021, dated 29.04.2021 on the file of the Principal District
Court, Chengalpattu.
For Appellants : Mr.T.V.Ramanujan
SC for Mr.S.Prem Auxilian Raj
For Respondents 1 to 3 : Mr.A.V.Bharathi
For Respondents 4 to 7 : No appearance
For Respondent 8 : Mr.N.Dorai Kannan
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JUDGMENT
(The case has been heard through video conference)
This appeal has been filed challenging the interim order granted by the
trial Court on 29.04.2021 in I.A.No.2 of 2021 in O.S.No.201 of 2021 on the
file of the learned Principal District Judge, Chengalpattu.
2. The trial Court passed the following impugned order:
"Arguments heard, prima facie made out,
balance of convenience upon the petitioner. Ad
interim injunction granted not to alienate the
property till 1.6.2021 against D5 to D7. Notice to
respondents through Court, post and provisions
of O 39 R 1 and 3 to be complied. Call on
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C.M.A.No.2154 of 2021
1.6.2021."
3. The suit was filed by the respondents 1 to 3, who are the daughters
of the 8th respondent. The suit was filed for partition and for declaration that
the sale deeds executed in favour of the appellants dated 24.03.2021, as null
and void and they have also sought for other declarations as well. Those
declarations pertain to documents, under which the respondents 4 and 5
traces title. The appellants are the purchasers of the suit schedule property
from the respondents 4 to 7 under three sale deeds all dated 24.03.2021,
registered as Document Nos.2566, 2567 & 2568 of 2021.
4. The case of the appellants is that they have paid a huge sale
consideration of approximately Rs.29 crores to the respondents 4 to 7 for the
purchase of the suit schedule property. According to them, they are bona
fide purchasers having paid the valuable sale consideration.
5. The main contention of the appellants in this appeal is that no
reason has been assigned in the impugned order wherein the injunction has
been granted against the appellants from alienating the property. At the time
of admission of this appeal on 03.08.2021, this Court suspended the interim
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C.M.A.No.2154 of 2021
order dated 29.04.2021, passed by the trial Court in I.A.No.2 of 2021 in
O.S.No.201 of 2021 and the said order continues till date. No useful purpose
will be served if the appeal is decided on merits at this stage when there is
already a suspension order. Further as seen from the impugned order
excepting for stating that the plaintiffs have made out a prima facie case and
balance of convenience in their favour, no reasons have been given by the
Trial Court for passing the impunged order. This Court is of the considered
view that in the interest of the parties to the dispute, direction can be issued
by this Court to the trial Court to dispose of I.A.No.2 of 2021 in O.S.No.201
of 2021 within a time frame to be fixed by this Court. For this proposition,
the learned counsel appearing on both the sides have not raised any serious
objection. But however, the learned counsel for the respondents 1 to 3
(daughters) and the learned counsel for the eighth respondent (mother)
requested this Court to refer the parties to mediation, so that the mother and
the daughters are also paid a portion of the sale consideration.
6. For the foregoing reasons, without going into the merits of the
matter, this Court directs the learned Principal District Judge, Chengalpattu
to dispose of I.A.No.2 of 2021 in O.S.No.201 of 2021 within a period of two
months from the date of receipt of a copy of this judgment. Since the
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C.M.A.No.2154 of 2021
respondents 1 to 3 and 8 in this appeal who are the daughters and the mother
respectively who have not been paid any sale consideration, they are granted
liberty to file any other interim applications if they so desire before the trial
court to protect their interest and the trial court shall dispose of those
application as and when filed, on merits and in accordance with law. If the
trial court deems it fit to refer the dispute between the respondents to
mediation, it is at liberty to do so. Since the impugned order was already
suspended on 03.08.2021, the said order shall continue till the disposal of
I.A.No.2 of 2021 in O.S.No.201 of 2021. With the above directions, this
civil miscellaneous appeal is disposed of. Consequently, the connected
miscellaneous petition is closed. No costs.
05.10.2021
Index : Yes / No
kk
To
1. The Principal District Court,
Chengalpattu.
2. The Section Officer,
VR Section, High Court, Madras.
http://www.judis.nic.in
C.M.A.No.2154 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.2154 of 2021
and C.M.P.No.11909 of 2021
05.10.2021
http://www.judis.nic.in
