← Library
Madras High CourtOA/824/2023dismissed

G.Vasanth Kumar v. Mr.G.Rajesh Kumar

2024-02-29Honourable Mr Justice A.A.Nakkiran3 pages

O.A.No.824 of 2023 in T.O.S.No.30 of 2016 A.A. NAKKIRAN , J, This application has been filed to permit the applicant for ad interim injunction, restraining the respondent, his men, agents or anyone claiming through him from mutation of revenue records of the Schedule B of the Will till the disposal of the suit.

2.Learned counsel appearing for the applicant would submit that during the pendency of the suit, the respondent is trying to mutate the revenue records. Therefore, he prayed for an order of injunction till the disposal of the suit.

3.Learned counsel appearing for the respondents would submit that the Original Petition has been filed in the year 2015 and it was converted to a Testamentary Original Suit in the year 2016. He would submit that the present application has been filed only to delay and protract the proceedings. Furthermore, the respondents have not committed any breach of law and the relief of injunction cannot be granted to the applicant.

4.Considering the facts and circumstances of the case that the Original Petition was filed in 2015 and it was converted in the year 2016 as Testamentary Original Suit and the matter is still pending, this Court is not inclined to entertain this application. Hence, this application is dismissed as there is no merit in this application and they have not filed any proof to substantiate their contentions at this stage. 5.Registry is directed to list the suit before the learned Additional Master - III, for recording evidence on 08.03.2024. The learned Master is directed to complete all the proceedings within a period of three months. 29.02.2024 mps

A.A. NAKKIRAN , J, mps O.A.No.824 of 2023 in T.O.S.No.30 of 2016 29.02.2024