R.Lakshmanasamy vs N.Ramasamy
2023 Latest Caselaw 10164 Mad

                                                                                     C.R.P.No.2172 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 10.08.2023

                                                           CORAM :

                         THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                                     C.R.P.No.2172 of 2019

                     R.Lakshmanasamy                                                  .. Petitioner

                                                                vs

                     N.Ramasamy                                                       .. Respondent

                                  Petition filed under Article 227 of the Constitution of India against
                     the Judgment and decree dated 14.03.2019 made in C.M.A.No.27 of
                     2018 on the file of the Principal District Court, Coimbatore reversing the
                     Fair and Decreetal Order in I.A.No.120 of 2018 in O.S.No.46 of 2018
                     dated 07.09.2018 on the file of the Subordinate Judge, Pollachi.

                                        For Petitioner      : Mr.N.Krishnakumar
                                                              for M/s.Sarvabhauman Associates

                                        For Respondent      : Mr.S.Kamadevan

                                                          ORDER

O.S.No.46 of 2018 is the suit for declaration and injunction on the

file of the Sub Judge, Pollachi. The subject matter of a suit property is a

Cart track which has been referred to in the 'B' schedule mentioned

property.

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

C.R.P.No.2172 of 2019

2.The learned trial Judge after hearing arguments on either side,

allowed I.A.No.120 of 2018 on 07.09.2018. The lower appellate Court

reversed the same on 14.03.2019 in CMA.No.27 of 2018. The subject

matter being a Cart track, if the same is obliterated pending disposal of

the suit, serious prejudice will be caused to the parties. Therefore, the

parties are directed to maintain status quo prevailing as on today with

respect to the Cart track.

3.The learned Subordinate Judge, Pollachi is requested to take up

the suit as, pleadings are complete and dispose of the same on or before

30.04.2024. I make it clear, I have not gone into the merits of the case.

As the suit is pending from 2018, I give a direction that the main suit

itself be disposed of to give a quietus to the entire issue.

4.This civil revision petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

10.08.2023 Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No vs

To

1.The Principal District Court, Coimbatore.

2.The Subordinate Judge, Pollachi. https://www.mhc.tn.gov.in/judis

C.R.P.No.2172 of 2019

V. LAKSHMINARAYANAN,J.

vs

C.R.P.No.2172 of 2019

10.08.2023

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