Rajan vs Muniappan
2021 Latest Caselaw 19825 Mad

                                                                                  CMA.No.2724 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 28.09.2021

                                                          CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                   C.M.A.No.2724 of 2021
                                                          and
                                                   CMP No.15644 of 2021

                     1. Rajan
                     2. Ramesh
                     3. Vijaya Kumar
                     4. Palani
                     5. Muruganandham
                     6. Arul
                     7. Kumar
                     8. Ranjitham                                              ...Appellants
                                                               vs.
                     1. Muniappan
                     2. Kavitha
                     3. Settu
                     4. Kamatchi
                     5. Meenakchi                                              ...Respondents

                                   Civil Miscellaneous Appeal filed under Order XLIII Rule (1) of
                     Civil Procedure Code, 1908 against the Judgment and Decree dated
                     06.03.2021 made in I.A. No.1 of 2020 in OS No.146 of 2020 by the
                     learned Additional District Judge, Krishnagiri.


                                        For Appellant      :         Mr. G. Magesh Kumar




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                                                                              CMA.No.2724 of 2021

                                                        JUDGMENT

(This case was heard through Video Conferencing)

This Appeal has been filed challenging the order dated 06.03.2021

passed by the learned Additional District Judge, Krishnagiri in IA No.1

of 2020 in OS No.146 of 2020.

2. The Appellants are the defendants 1 to 8 in the suit O.S.No.146

of 2020 on the file of the learned Additional District Judge, Krishnagiri.

The respondents 1 to 3 are the plaintiffs 1 to 3 in the suit and the

respondents 4 and 5 are the defendants 9 and 10 in the said suit.

3. The suit was filed by the plaintiffs seeking for declaration and

interim injunction in respect of the suit schedule property. Admittedly,

written statement has also been filed by the defendants in the suit, who

are the petitioners herein. During the pendency of the suit IA No.1 of

2020 was filed by the plaintiffs seeking for Ad- interim injunction.

4. The Trial Court has passed the impugned order dated

06.03.2021 in IA No.1 of 2020 in OS No.146 of 2020 in favour of the

plaintiffs granting interim injunction as prayed for and has directed the

plaintiffs to proceed with the Trial within two months. While passing the

impugned order, the Trial Court has observed that on perusal of the

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CMA.No.2724 of 2021

documents filed by the petitioners/ plaintiffs along with the petition, it

reveals that they are in enjoyment of the said property and Patta was also

granted in their names. However, as seen from the grounds of Appeal as

well as from the written statement filed by the defendants who are the

Appellants herein, they have disputed the possession of the suit schedule

property of the plaintiffs.

5. The Appellants/ defendants have denied the unregistered

partition deed which is the basis of the claim of the plaintiff. No useful

purpose will be served if this Appeal is taken up for final disposal at this

stage when written statement has already been filed by the appellants. In

the interest of both the parties to the dispute, if the trial can be

expedited, the truth will come out and no prejudice will be caused to any

of the parties.

6. The learned counsel for the Appellant would submit that the

written statement has already been filed but however, issues have not

been framed by the Trial Court.

7. This Court after giving due consideration to the nature of the

suit and the interim order passed which is the subject matter of challenge

in this Appeal is of the considered view that in the interest of both the

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CMA.No.2724 of 2021

parties, a direction can be given to the Trial Court for expeditious

disposal of the suit.

8. For the foregoing reasons, this Court directs the Additional

District Court, Krishnagiri to frame issues in the suit OS No. 146 of 2020

within a period of three weeks from the date of receipt of copy of this

order. On framing of the issues and after trial, dispose of the suit within

a period of four months thereafter.

9. With the aforesaid direction, this Civil Miscellaneous Appeal is

disposed of. No costs. Consequently, connected miscellaneous petition

is closed.

10. It is made clear that the Trial Court shall dispose of the suit

uninfluenced by any of the observations made by this Court in this

order.

28.09.2021

Note : Issue order copy on 01.10.2021.

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order ab/vsi2

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CMA.No.2724 of 2021

To

1. The Additional District Judge, Krishnagiri.

2. The Section Officer, V.R. Section, High Court, Madras.

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CMA.No.2724 of 2021

ABDUL QUDDHOSE, J.

ab

C.M.A.No.2724 of 2021 and CMP No.15644 of 2021

28.09.2021

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