Pushpa Vijayachandar v. Dr.Vijayakumar Rau And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 4TH DAY OF DECEMBER 2019 THE HON'BLE MR. JUSTICE M.SUNDAR O.A.No.425 of 2019 in C.S.No.912 of 2004 Dr.Vijayakumar Rau 473, Spring Lake Drive, Melbourne, Florida-2940 United States of America ..Plaintiff -Versus1.Dr.B.Manohar Rama Rau 829, Poonamalee High Road, Kilpauk, Chennai-600 010.
2.Mrs.Pushpa Vijaychander 5,Kengal Hanumanthiah Road, Bangalore-560 027.
..Defendants.
O.A.No.425 of 2019:
Pushpa Vijaychander 6,Kengal Hanumanthiah Road, Bangalore-560 027.
..Applicant/2nd Defendant Vs.
1.Dr.Vijayakuamr Rau 473, Spring Lake Drive Melbourne Florida-2940 United States of America ..1st Respondent/Plaintiff 2.Dr.B.Manohar Rama Rau 829, Poonamallee High Road, Kilpauk Chennai-600 010.
..2nd Respondent/1st Defendant 3.Dr.Hasan Advanced Diabetic Centre 829, Poonamallee High Road, Kilpauk, Chennai-600 010.
4.Ambalavanan Pharmacy 829, Poonamallee High Road, Kilpauk, Chennai-600 010.
..Respondents 3 & 4 Original Application praying that this Hon'ble Court be pleased to grant an prohibitory order of injunction restraining the respondents 3 & 4 from making payment of rent or other charges payable towards occupation of the premises situated at "Rama Rau Poly Clinic", No.829, Poonamallee High Road, Kilpauk, Chennai-600 010 and deposit the same into Court, pending disposal of the suit in C.S.No.912 of 2004.
This Original Application coming on this day before this Court for hearing, the Court made the following order: Main suit is one for partition. Instant application has been taken out by the second defendant in the main suit with a prayer to restrain respondents 3 and 4 in instant application from praying rent for the suit properties.
2. Now all the three counsel before this Court i.e., plaintiff, defendants 1 and 2 submitted in unison that trial has been completed and the suit is ripe for arguments. Necessary pleadings/documents set have also been filed is their common say. All the three counsel agree that the main suit can be listed for final disposal/arguments on 07.01.2020.
3. In this view of the matter, instant application is closed, preserving the right of the applicant to file
another application with a similar prayer, if there is further delay (attributable to plaintiff and/or first defendant) in progress of the main suit.
Sd/-M.S.J 04/12/2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) jj 12/12/2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.