V.S.Ravichandran vs V.Balasubramanian
2022 Latest Caselaw 9361 Mad

                                                                               C.M.A.No.1234 of 2022

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 25.05.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE C.SARAVANAN

                                            C.M.A.No.1234 of 2022
                                                    and
                                            C.M.P.No.8875 of 2022

              V.S.Ravichandran                                                         ... Petitioner

                                                       Vs.

              1. V.Balasubramanian

              2. Gomathi                                                         ...
              Respondents

              Prayer: Civil Miscellaneous Appeal filed under Order XLIII Rule (1)(r) of
              CPC, to set aside the Docket order passed by the Learned Judge in I.A.No.2
              of 2021 in O.S.No.166 of 2021 dated 18.04.2022 on the file of the I
              Additional District Judge, Coimbatore.
                                     For Petitioner          : Mr.S.Murugan
                                     For Respondents         : No appearance

                                                       ORDER

There is no merit in the present Civil Miscellaneous Appeal filed in as

much as the suit itself is mature for trial. The Petitioner appears to have

entered into a sale agreement with the Respondents who are the Defendants

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

C.M.A.No.1234 of 2022

in suit filed by the Petitioner for specific performance in O.S.No. 166 of 2021

before the I Additional District Judge at Coimbatore. In the said suit, the

Respondents/Defendants have also filed their written statement.

2. The Petitioner had filed an application under Order XLIII Rule (1)(r)

of CPC to restrain the Respondents/Defendants from alienating the suit

property in I.A.No. 2 of 2021. The said IA has been closed with the following

observation,

“Suit is ripe for trial. Hence the petition is closed without

prejudice to either side.”

3. Considering the above, I am inclined to dismiss this Civil

Miscellaneous Appeal, as the right of the Petitioner is adequately protected by

the said order. Any purchase by any person during the pendency of the suit

will be hit by lis-pendens. Therefore there is no necessity to pass separate

order of injunction. Therefore, this Civil Miscellaneous Appeal is dismissed.

In view of the dismissal of the present Civil Miscellaneous Appeal, I direct

the Trial Court to complete the trial and pass appropriate judgment and

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

C.M.A.No.1234 of 2022

decree in the above suit as expeditiously as possible preferably within a

period of one year from the date of receipt of a copy of this order.

4. This Civil Miscellaneous Appeal is dismissed with the aforesaid

observation. No costs. Consequently, the connected Miscellaneous petition is

closed.

25.05.2022

Index : Yes/No Speaking: Yes/No gd/mn

To The I Additional District Judge, Coimbatore.

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

C.M.A.No.1234 of 2022

C.SARAVANAN, J.

gd/mn

C.M.A.No.1234 of 2022

25.05.2022

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