Gandhimathi vs Kanchana Balasubramanian
2021 Latest Caselaw 20163 Mad

                                                                            C.M.A(MD).No.815 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 30.09.2021

                                                      CORAM

                                   THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                           CMA(MD).No.815 of 2021 and
                                            CMP(MD).No.7510 of 2021


                    1.Gandhimathi
                    2.Rajeswari                                              .. Appellants


                                                    Vs.


                    1.Kanchana Balasubramanian
                    2.Vijaya
                    3.Aruna @ Krishnaveni
                    (Since the respondents 2 and 3 / defendants
                    3 and 4 remained ex parte in trial Court, they are
                    given up)                                                   ... Respondents


                    Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(r)

                    CPC against the fair and decreetal order dated 26.04.2019 made in I.A.No.

                    11 of 2017 in O.S.No.9 of 2017 on the file of the learned Principal District

                    Judge, Theni.




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https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A(MD).No.815 of 2021


                                   For Appellants           ... Mr. S. Srinivasa Raghavan

                                   For 1st respondent       ... Mr. K.P.S. Palanivel rajan

                                   For respondents 2 and 3 ... No appearance


                                                        JUDGMENT

This Civil Miscellaneous Appeal is filed against the fair

decreetal order, dated 26.04.2019 made in I.A.No.11 of 2017 in O.S.No.9

of 2017 on the file of the Principal District Court, Theni.

2. Heard the learned counsel appearing for the petitioner and

the learned counsel for the 1st respondent.

3. The suit in O.S.No.9 of 2017 on the file of Principal

District Court, Theni has been filed for the relief of preliminary decree for

partition. The first respondent / plaintiff has filed an Interlocutory

Application in I.A.No.11 of 2017 under Order 39 Rule 1 and 2 CPC for

interim injunction not to alienate the property till the disposal of the suit.

Only after deciding the share in the property, the Court can find that

whether there may be any alienation or not. It is only a consequential

relief.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD).No.815 of 2021

4. Considering the facts and circumstances of the case and

also considering that fact that the suit has been filed in the year 2017,

without going into the merits of the case, this Court directs the learned

Principal District Judge, Theni to dispose the suit in O.S.No. 9 of 2017

itself, pending on his file, within a period three months from the date of

receipt of a copy of this order.

5. Accordingly, the Civil Miscellaneous Appeal is disposed of.

No costs. Consequently, the connected Miscellaneous Petition is closed.

30.09.2021

trp Index :yes/No Internet:yes/No

To

The Principal District Judge, Theni.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD).No.815 of 2021

S. ANANTHI, J.,

trp

CMA(MD).No.815 of 2021 and CMP(MD).No.7510 of 2021

30.09.2021

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