B.Priya vs A.Ragupathi Raja
2022 Latest Caselaw 15754 Mad

                                                                         C.M.A.(MD)No.158 of 2022




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 26.09.2022

                                                  CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR


                                          C.M.A.(MD)No.158 of 2022
                                        and C.M.P.(MD)No.1401 of 2022



                B.Priya                              ... Appellant/Petitioner/Plaintiff


                                                     Vs.


                1. A.Ragupathi Raja

                      Pappammal (Died)

                2. G.Vasantha

                3. A.Kasthuri Raja

                4. A.Ravichandran

                5. R.Ravikumar

                6. A.Rukmani

                7. A.Packia Lakshmi

                   (R2 set exparte before the
                    lower Court hence notice
                    not necessary)                 ... Respondents/Respondents/Defendants



                1/4
https://www.mhc.tn.gov.in/judis
                                                                          C.M.A.(MD)No.158 of 2022

                Prayer : This Civil Miscellaneous Appeal filed under Order 43 Rule 1(r)
                of C.P.C., to set aside the order dated 19.01.2021 passed in I.A.No.693 of
                2016 in O.S.No.143 of 2016 on the file of the VI Additional District Court,
                Madurai.


                                  For Appellant         : Mr.G.Prabhu Rajadurai

                                  For Respondents       : Mr.B.Muthuraj
                                                          for R1, R3, R4, R6 & R7

                                                         Mr.G.Sridharan for R5


                                                    JUDGMENT

This Civil Miscellaneous Appeal is directed against the order passed

in I.A.No.693 of 2016 in O.S.No.143 of 2016 dated 19.01.2021 on the file

of the VI Additional District Judge, Madurai, closing the injunction

application filed under Order 39 Rule 1 & 2 and Section 151 CPC.

2. The main contention of the appellant is that the learned trial

Judge, without conducting any enquiry and passing of orders, has closed

the application filed for injunction.

3. When the matter is taken up for hearing today (26.09.2022), the

learned counsel on either side submitted that the fifth respondent/sixth

defendant, who was set ex-parte, has already filed a petition for setting

aside the ex-parte order and the same is pending.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.158 of 2022

4. The learned counsel for the appellant would submit that all the

defendants have filed their written statement and issues are yet to be

framed.

5. Considering the above facts and circumstances and also the fact

that the suit is pending from 2016 onwards, the trial Court is directed to

dispose of the application filed by the sixth defendant for setting aside the

ex-parte order within a period of one week from the date of receipt of a

copy of this judgment and thereafter to proceed with the framing of

issues and trial and complete the same within a period of four months

thereafter.

6. With the above directions, this Civil Miscellaneous Appeal is

disposed of. Consequently, connected miscellaneous petition is closed. No

costs.

26.09.2022 Index :yes/No Internet:yes/No csm

To

1. The VI Additional District Judge, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.158 of 2022

K.MURALI SHANKAR,J.

csm

C.M.A.(MD)No.158 of 2022 and C.M.P.(MD)No.1401 of 2022

26.09.2022

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