Madras High Court
K.Manoharan vs Park Trust on 27 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A Nos.1828 and 799 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2023
CORAM
MR.JUSTICE N.SESHASAYEE
C.M.A.Nos.1828 and 799 of 2022
and C.M.P.No.13120 of 2022
K.Manoharan ... Appellant in C.M.A.No.1828 of 2022
1.Park Trust,
A public charitable trust,
Rep. by its Managing Trustee,
Dr.P.V.Ravi,
having its registered office at
Old No.21, New No.36,
K.P.N. Colony 1st Street,
Tirupur-641 601
2.P.V.Ravi
3.T.R.Karthik ... Appellants in C.M.A.No.799 of 2022
Vs.
1.Park Trust,
A public charitable trust,
registered under the Indian Trusts Act,
Rep. by its Managing Trustee,
P.V.Ravi
2.P.V.Ravi
3.T.R.Karthik
4.R.Anusha ... Respondents in C.M.A.No.1828 of 2022
1.K.Manoharan
2.R.Anusha ...Respondents in C.M.A.No.799 of 2022
https://www.mhc.tn.gov.in/judis
1/6
C.M.A Nos.1828 and 799 of 2022
Prayer in C.M.A.No.1828 of 2022: Civil Miscellaneous Appeal filed
under Order 43 Rule 1 of C.P.C., seeking to set aside the order dated
27.09.2021 made in I.A.No.35 of 2021 in O.S.No.45 of 2021 on the file
of the Principle District Court, Tirupur.
Prayer in C.M.A.No.799 of 2022: Civil Miscellaneous Appeal filed
under Order XLIII Rule 1 r/w Section 104 C.P.C., seeking to set aside
the fair and decretal order dated 22.10.2021 passed in I.A.No.34 of 2021
in O.S.No.45 of 2021 on the file of the learned Principal District &
Sessions Judge, Tirupur.
In C.M.A.No.1828 of 2022
For Appellant : Mr.S.Mukunth
Senior Counsel
for M/s.Sarvabhauman Associates
For Respondents : Mr.S.Anil Sandeep for R1 to R3
In C.M.A.No.799 of 2022
For Appellant : Mr.S.Anil Sandeep
For Respondents : Mr.S.Mukunth
Senior Counsel
for M/s.Sarvabhauman Associates
for R1
https://www.mhc.tn.gov.in/judis
2/6
C.M.A Nos.1828 and 799 of 2022
COMMON JUDGMENT
These two appeals are preferred against two separate orders of injunction
by the one who was aggrieved by the same.
2.The suit is laid for a declaration that the sale deed executed by
plaintiffs in favour of the defendants is null and void. To briefly state the
cause of action of the plaintiffs, it is that the property belongs to the
plaintiffs' trust and that after dedicating the property in question in favour
of the trust, those who had endowed the property went ahead to execute a
sale deed in favour of the defendants and that it is invalid per se.
Additionally, the plaintiffs plead that the sale deed was executed only to
support repayment of a certain loan.
3.Very obviously, the defendants denied these contentions and hold that
the sale deed is valid and it is an outright sale in favour of the defendants.
4.During the pendency of the suit, the plaintiff had taken out I.A.No.34
of 2021 and I.A.No.35 of 2021, seeking separate orders of injunction, (a)
to restrain the defendants from alienating the suit property; and (b) to
https://www.mhc.tn.gov.in/judis
C.M.A Nos.1828 and 799 of 2022
restrain the defendants from dispossessing the plaintiff from the property.
These applications were contested.
5.After due enquiry, the trial Court dismissed I.A.No.34 of 2021 and
allowed I.A.No.35 of 2021. This has now given rise to two separate
appeals one by the defendant and the other by the plaintiffs.
6.This Court is informed that the trial of the case has commenced, and
the plaintiffs have already examined one of its witnesses, and P.W.2 is in
the box, and the matter has been posted for further evidence.
7.Inasmuch as the trial of the case has commenced, it is only appropriate
for this Court to direct preservation of the present status quo. After all,
interim orders are passed to preserve certain status quo to facilitate the
Court to decide the cause of action with least complications. This Court
further directs the trial Court to expedite the process of trial and dispose
it as early as possible, without getting influenced by any finding or
observation that it might have made in the impugned interim orders,
preferably within a period of four (4) months, excluding all intervening
holidays, from the date of receipt of a copy of this judgment.
https://www.mhc.tn.gov.in/judis
C.M.A Nos.1828 and 799 of 2022
8.These Civil Miscellaneous Appeals stand disposed of with the above
directions. No costs. Consequently, the connected miscellaneous petition
is closed.
27.11.2023
Anu
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
The Principal District & Sessions Judge, Tirupur.
https://www.mhc.tn.gov.in/judis
C.M.A Nos.1828 and 799 of 2022
N.SESHASAYEE, J.
Anu
C.M.A.Nos.1828 and 799 of 2022
27.11.2023
https://www.mhc.tn.gov.in/judis
