Vijaya vs Arumugam
2022 Latest Caselaw 9110 Mad

                                                                                C.R.P (NPD) No.1542 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 28.04.2022

                                          CORAM: JUSTICE N.SESHASAYEE

                                              C.R.P (NPD) No.1542 of 2022
                                              and C.M.P. No.7808 of 2022


                Vijaya                                                      ... Petitioner

                                                           Vs.

                1.Arumugam
                2.Anbarasan
                3.Tamizmaran
                4.Elumalai                                                  ... Respondents



                PRAYER: The Civil Revision Petition filed under Article 227 of the

                Constitution of India to set aside the judgment and decree dated 15.2.2021

                passed in C.M.A. No.7 of 2018 on the file of Sub Court, Panruti confirming the

                fair and the decretal order dated 12.3.2018 passed in I.A. No.587 of 2016 in

                O.S. No.107 of 2016 before the District Munsif Court, Panruti.



                                   For Petitioner          :     Mr.T.Sezhian




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https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                                                              C.R.P (NPD) No.1542 of 2022



                                                   ORDER

The revision is filed challenging the concurrent orders of the trial court as well

as the appellate court, by which the revision petitioner was injuncted from

disturbing plaintiffs' peaceful possession.

2. The learned counsel for the revision petitioner submitted that both the courts

below failed to consider certain documentary evidence produced by the revision

petitioner.

3. While considering a prayer for interim injunction, the trial court only

considers the existence of a strong prima facie case along with the other criteria

viz. judicial value for grant of temporary injunction. Ultimately, it is a question

of fact and this court does not want to engage itself in a serious discussion of

the same.

4. The suit itself is now six years old and it is high time that the trial kick

started. The trial court is now required to dispose of the suit within a period of

four months, latest by September, 2022. The trial court is required to caution

itself not to be influenced by any observations or findings that it may have

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

C.R.P (NPD) No.1542 of 2022

made in its order in I.A. No.587 of 2016 and in the order of the appellate court

in C.M.A. No.7 of 2018.

5. The revision is accordingly disposed of. However, there is no order as to

costs. Consequently, the connected civil miscellaneous petition is closed.

28.04.2022

Asr

To

1.The Subordinate Judge, Panruti

2.The District Munsif, Panruti

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

C.R.P (NPD) No.1542 of 2022

N.SESHASAYEE, J.,

Asr

C.R.P (NPD) No.1542 of 2022 and C.M.P. No.7808 of 2022

28.04.2022

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