Thangammal v. Kalyanasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.04.2022

CORAM:

Mr. JUSTICE N.SESHASAYEE C.R.P.(PD).No.1065 of 2022 & C.M.P.No.5441 of 2022 Thangammal, W/o.Nallathambi Udayar, ... Petitioner Vs 1.Kalyanasundaram, S/o.Periyasamy Udaiyar, 2.Annamalai, S/o.Veerasamy Udaiyar, ... Respondents PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 04.12.2021 made in C.M.A. No.05 of 2019 passed by the Hon'ble Subordinate Judge at Thitagudi confirming the order passed in I.A.No.16 of 2017 in O.S.No.6 of 2017 pending on the file of Additional District Munsif Court, Thittagudi. For Petitioner :

Mr.S.Mohan

O R D E R

The plaintiff who had laid a suit in O.S.No.6 of 2017 for declaration of title and for others allied necessary relief, has moved I.A.No.16 of 2017 for an order of interim injunction before the trial Court, that the said Application came to be dismissed, which came to be challenged rather unsucessfully by her in C.M.A.No.5 of 2019 before the First Appellate Court. This Appellate order is now under challenge in this revision. 2.Heard the learned counsel for the Revision Petitioner and perused the records.

3.This Court is satisfied that on the face of it, there is no illegality, irregularity or impropriety in the order of the First Appellate Court which warrants an interference by this Court under Article 227 of the Constitution.

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4.Having stated thus, this Court directs the learned Additional District Munsif, Thittagudi, to dispose of the Suit in O.S.No.6 of 2017 on the file of it, within a period of six(6) months from the date of communication of a copy of this Order. 5.The Civil Revision Petition is accordingly disposed of. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Tsg/dk To 1.The Subordinate Judge, Thitagudi.

2.The Additional District Munsif Court, Thittagudi.

+1 cc to Mr.S.Mohan, Advocate Sr.NO. 25254 C.R.P.(PD).No.1065 of 2022 & C.M.P.No.5441 of 2022 SKM(CO) A.SK(28/04/2022) https://hcservices.ecourts.gov.in/hcservices/