R. Suresh Kumar vs S. Sriram
2022 Latest Caselaw 7872 Mad

                                                                               O.S.A.No.88 of 2022



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 13.04.2022

                                                     CORAM :

                                   THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                        AND
                                  THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
                                               O.S.A.No.88 of 2022
                                            and C.M.P. No.6461 of 2022

                     R. Suresh Kumar                                             .. Appellant


                                                          v.

                     1. S. Sriram
                        Minor Represented by Mother and
                        natural guardian Mrs. S.Hima Bindu

                         [ Plaintiff was declared as major and mother
                          Mrs. S.Hima Bindu has been discharged from
                          the guardianship as per order datead 01.08.2018 in
                          Appl. No.5878 & 5879 of 2018 and time extended
                           as per order dated 07.12.2018]

                     2. R. Sridhar

                     3. S. Monish (minor)
                        Represented by father and natural guardian
                        R. Suresh Kumar

                     4. R. Srinivasan

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                                                                                     O.S.A.No.88 of 2022

                     5. P. Vinitha
                     6. S.Viswanath
                     7. R. Murali
                     8. M.Sairam
                     9. M.Jayasri                                                     .. Respondents


                                  Original Side Appeal filed under Clause 15 of Letters Patent and
                     Order 36 Rule 11 of Original Side Rules to set aside the order dated
                     31.01.2022 passed in Application No.2772 of 2021 in O.A.No.894 of
                     2016 in C.S.No.213 of 2016.


                                  For Appellant      : Mr.A.K. Raghavulu
                                  For Respondents    : Mr. Gowthaman
                                                         JUDGMENT

(Order of the Court made by M.DURAISWAMY,J.)

Challenging the order passed in Application No.2772 of 2021 in

O.A.No.894 of 2016 in C.S.No.213 of 2016, the 2nd defendant has filed

the above Original Side Appeal.

2. The plaintiff filed the suit in C.S.No.213 of 2016 for partition

and other reliefs. In the said suit, the plaintiff took out an application in

O.A.No.894 of 2016 seeking for an order of interim injunction

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restraining the defendants form alienating the suit properties.

3. The learned Single Judge, by order dated 22.11.2016, granted

an order of interim injunction. Subsequently, an application in

A.No.2772 of 2021 was filed to vacate the order of interim injunction.

The learned Single Judge, by order dated 31.01.2022, vacated the order

of interim injunction granted in respect of Plot D allotted to the 7 th

defendant and his branch vide partition deed dated 20.09.2010.

Challenging this order, the 2nd defendant has filed the above Original

Side Appeal.

4. It is brought to the notice of this court that the suit was taken up

for trial and the evidence of plaintiff's side was also closed and that the

matter is posted for defendants' evidence.

5. Since the suit is in the advanced stage of trial, we are of the

considered view that instead of going into the merits of the order passed

in A.No.2772 of 2021, it would be suffice to request the learned Single

Judge to dispose of the suit in C.S.No.213 of 2016, within a time frame.

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Learned counsel appearing on either side also submitted that the learned

Single Judge may be requested to dispose of the suit at the earliest.

6. Having regard to the submissions made by the learned counsel

on either side, without going into the merits of the order passed in

A.No.2772 of 2021, we request the learned Single Judge to dispose

of the suit in C.S.No.213 of 2016, on merits and in accordance with

law, as expeditiously as possible, preferably, within a period of three

months from the date of receipt of a copy of this order.

With these observations, the Original Side Appeal is disposed of.

No costs. Consequently, the connected Miscellaneous Petition is

closed.

                                                                      [M.D., J.]    [T.V.T.S., J.]
                                                                              13.04.2022
                     Index              : Yes/No

Speaking Order/Non Speaking Order Rj

M. DURAISWAMY, J.

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and T.V. THAMILSELVI, J.

Rj

O.S.A.No.88 of 2022 and C.M.P. No.6461 of 2022

13.04.2022

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