E.Karunanidhi vs R.M.Murugesan
2023 Latest Caselaw 6983 Mad

                                                                                       C.M.A.No.786 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 23.06.2023

                                                             CORAM

                                            THE HON'BLE MRS.JUSTICE N.MALA

                                                   C.M.A.No.786 of 2023
                                                            and
                                                 CMP.Nos.7252 & 7255 of 2023

                     E.Karunanidhi                                     ... Appellant
                                                                vs.

                     R.M.Murugesan                             ... Respondent
                     Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (r) of

                     C.P.C., to setaside the order and decree dated 23.02.2023 made in I.A.No.2

                     of 2022 in O.S.N.5887 of 2022 passed by the learned XXII Additional

                     Judge, City Civil Court at Allikulam, Chennai – 3.

                                        For Appellant      : Mr.S.Sathish Rajan

                                        For Respondent     : Mr.J.Selvarajan
                                                              *****

                                                         JUDGMENT

This Civil Miscellaneous Appeal is filed C.P.C., to setaside the order

and decree dated 23.02.2023 made in I.A.No.2 of 2022 in O.S.N.5887 of

2022 passed by the learned XXII Additional Judge, City Civil Court at

https://www.mhc.tn.gov.in/judis C.M.A.No.786 of 2023

Allikulam, Chennai – 3.

2.The appeal is filed by the defendant/respondent in the suit. The

I.A.No.2 of 2022 was filed by the plaintiff for an ad-interim injunction

restraining the defendant/respondent from interfering with the plaintiff's

peaceful possession and enjoyment of the plaint schedule property.

3.The defendant/respondent filed a memo in the I.A. adopting the

written statement as counter.

4.It is submitted by the learned counsel for the appellant that the order

passed by the learned Judge was erroneous, absurd and non speaking. He

further submitted that as averred in paragraph No.4 of the affidavit that, the

Junior counsel on record appeared at the time of calling and the matter was

passed over. While the matter was in pass over the Junior counsel went to

the other Court and at that time the learned Judge called the matter and

passed a one line order allowing the injunction application stating that

defendant/respondent had not appeared. The learned counsel therefore

https://www.mhc.tn.gov.in/judis C.M.A.No.786 of 2023

submitted that an opportunity may be given to the defendant/respondent to

contest the I.A.No.2 of 2022 in O.S.No.5887 of 2022 on merits by setting

aside the impugned order and remitting the case to the Court for fresh

consideration.

5.The learned counsel for the respondent in this appeal has no

objection for remitting the matter to the lower Court for fresh consideration.

6.This Courts finds the reasons assigned by the appellant to be

justified. It is seen that the order passed by the learned Judge is a

non-speaking order and hence this Court finds that the order in I.A.No.2 of

2022 in O.S.No.5887 of 2022 deserves to be setaside.

7.In view of the same, the order dated 23.02.2023 made in I.A.No.2 of

2022 in O.S.No.5887 of 2022 passed by the learned XXII Additional Judge,

City Civil Court at Allikulam, Chennai – 3 is setaside and the matter is

remitted to the trial Court. It is submitted by the learned counsel for the

appellant that the case is listed on 28.07.2023, for further trial. Therefore,

https://www.mhc.tn.gov.in/judis C.M.A.No.786 of 2023

the trial Court is directed to take the I.A.No.2 of 2022 in O.S.No.5887 of

2022 afresh and dispose the same before 28.07.2023 on merits and pass

fresh orders, after giving opportunity to both the parties.

8.Accordingly, this Civil Miscellaneous Appeal stands allowed.

There shall be no order as to costs. Consequently, the connected

miscellaneous petitions are closed.

                                                                                           23.06.2023
                     Index : yes/no
                     Internet     : yes/no
                     ah

                     NOTE: ISSUE ORDER COPY ON 30.06.2023

                     To

                     1.The XXII Additional Judge,
                       City Civil Court at Allikulam,
                       Chennai – 3.

                     2.The Section Officer,
                       V.R.Section,
                       High Court, Madras.







https://www.mhc.tn.gov.in/judis
                                      C.M.A.No.786 of 2023




                                            N.MALA, J.

                                                       ah




                                  C.M.A.No.786 of 2023




                                              23.06.2023







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