Sarojini v. Easwaramoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA and C.M.P.No. 9317 of 2025 Sarojini ... Petitioner vs.

1.Easwaramoorthy 2.Eswari @ Maheswari 3.Vijaya ... Respondents Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India seeking an early disposal of the proceedings in IA.No.1 of 2025 in OS.No.654 of 2024 on the file of the III Additional District and Sessions Judge, Dharapuram, Thirupur. 1/6

For Petitioner :

Mr. K.Ramakrishnan

ORDER

The Civil Revision Petition is filed seeking an early disposal of the proceedings in IA.No.1 of 2025 in OS.No.654 of 2024 on the file of the III Additional District and Sessions Judge, Dharapuram, Thirupur.

2. The petitioner has filed the suit in OS.No.654 of 2024 for the following reliefs:

(a)For a declaration to declare that the preliminary decree and judgement passed in OS.No.70 of 1997 dated 28.11.2003 on the file of the Sub Court, Dharapuram followed by the final decree passed in IA.No.542 of 2004 in re-numbered suit in OS.No.308 of 2004 on the file of the District Munsif Court, Dharapuram as fradulent, collusive, null and void and not binding on the plaintiff. (b)Preliminary decree for partition of the suit 2/6

properties into twelve equal shares with reference to good and bad soil and allot five such shares to the plaintiff and put her in separate possession.

(c)Appoint a commissioner to effect division of the suit properties and pass final decree accordingly. (d)For permanent injunction restraining the defendant, their men, agents, assigns etc., from any manner encumbering or alienating the suit properties till final partition takes place.

(e)Directing the defendants to pay the costs of the suit to the plaintiff.

3. Pending the suit, the petitioner herein had filed IA.No.1 of 2025 for grant of interim injunction. The Court below had only ordered notice in the said application. The petitioner would submit that taking advantage of the fact that only a notice has been ordered in the said application the defendants are attempting to evict the petitioner from 3/6

the suit property. Therefore, the petitioner is before this Court.

4. Considering the above facts and also the fact that the application has been filed as early as on 13.03.2025, the petition is allowed. The learned Trial Judge is directed to dispose of the application in IA.No.1 of 2025 by 30.06.2025. Consequently, the connected miscellaneous petition is closed. No costs. 23.04.2025 Index: Yes/No Internet: yes/No kan 4/6

To The III Additional District and Sessions Judge, Dharapuram, Thirupur.

P.T. ASHA.J 5/6

kan 23.04.2025 6/6