Madras High Court
K.Srirengan vs K.Mohan on 8 March, 2022
C.M.A.No.3510 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
C.M.A.No.3510 of 2017
and
C.M.P.No.22343 of 2017
1. K.Srirengan
2. S.Velusamy
3.S.Selvakumar
4.K.S.Senthil ... Appellants
Vs.
1. K.Mohan
2.M.Sundareswaran
3.M.Sangameswaran
4.M.Sathiyasri
5.M.S.P.Mohanaselvan
6.P.K.Velumani
7.P.V.Selvi ...Respondents
Prayer: The Civil Miscellaneous Appeal is filed under Order XLIII Rule 1
(12) of C.P.C., against the Award and decree passed in M.C.O.P.No.203 of
2009, dated 31.01.2012, on the file of the Motor Accidents Claims Tribunal,
District Court, Thiruvarur.to set aside the fair order and decreetal order dated
18.09.2017 passed in I.A.No.2 of 2016 in O.S.No.3 of 2016 on the file of the
Additional District Judge, Fast Track Court IV, Bhavani, Erode District,
allow the same with costs.
1/4
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C.M.A.No.3510 of 2017
For Appellants : Mr.Shangar Murali
For R1 to R4 : Mr.M.Mariappan
For R6 & R7 : Mr.N.Chinnaraj
JUDGMENT
The Civil Miscellaneous Appeal has been filed questioning the Order
dated 18.09.2017 in I.A.No.2 of 2016 in O.S.No.3 of 2016, pending on the
file of the Additional District Court/Fast Track Court No.IV, Bhavani, Erode
District.
2.The plaintiffs are the appellants herein. They had preferred the
aforementioned Interlocutory Application under Order XXXIX Rule 1 and 2
and Section 151 of the Code of Civil Procedure seeking interim injunction
restraining the respondents herein/defendants in the suit from interfering with
the peaceful and enjoyment of the suit properties till the disposal of the suit.
3.There are two items in the suit properties. The first item was land
measuring to an extent of 4.02 acres along with half share in the well in
R.S.No.770/2 part, 762/2, 762/3 part and 769/1 part in Bhavani Taluk, Erode
District and the second item of the suit property was also land measuring to
an extent of 2.30 acres in R.S.No.770/2 part, 769/1 part bearing Door No.629
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C.M.A.No.3510 of 2017
A and also 21 shops and godown bearing Door No.609 and 629 in Bhavani
Taluk, Erode District.
4.By the Judgment dated, 18.09.2017, the learned Additional District
Judge had dismissed I.A.No.2 of 2016, necessitating filing of the present
Civil Miscellaneous Application.
5.I am informed that the plaintiffs have commenced tendering evidence
before the Trial Court. As a matter of fact the evidence on the side of the
appellants/plaintiffs herein had been completed. The witnesses have also been
cross examined. The suit is now posted for evidence on the side of the
respondents/defendants. In view of that particular development, it is only
appropriate that the learned Additional District Judge, Bhavani, Erode
continues with the recording the evidence on the side of the defendants and
proceeds further on the main issues framed in the suit itself.
6.Pendency of the Civil Miscellaneous Appeal or examining the order
challenged herein whether the order under appeal is to be reappreciated or
revisited, would be a futile exercise since parties have decided to graze the
witness box and adduce evidence in the main suit. Therefore, the Civil
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C.M.A.No.3510 of 2017
C.V.KARTHIKEYAN,J.,
ssi
Miscellaneous Appeal is dismissed, without entering into a discussion on
merits on the contentions raised by either side. Let the trial proceed in
manner known to law. No order as to costs.
08.03.2022
ssi/dua
Index:Yes/No
Speaking Order : Yes/No
To
1.The District Judge,
Motor Accidents Claims Tribunal,
Thiruvarur.
2.The Section Officer,
VR Section,
Madras High Court.
C.M.A.No.3510 of 2017
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