← Library
Madras High CourtCRP/2121/2024disposed of

Srinivasan v. T.R.K.Valarmathy

2025-06-09Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :09.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI CRP No.2121 of 2024 CMP Nos.11272 and 11273 of 2024

1. Srinivasan

2. Mohana Sundari .... Petitioners vs T.R.K.Valarmathy ... Respondent Civil Revision Petition filed under Section 227 of Civil Procedure Code against the fair order dated 30.04.2024 in I.A.No.2 of 2024 in O.S.No.80 of 2024 on the file of District Munsif Court, Gobichettipalayam, Erode District.

For Petitioners : Mr.M.Saravanakumar For Respondent : Mr.P.R.Shankar

ORDER

The Civil Revision Petition is preferred against the order passed in I.A.No.2 of 2024 in O.S.No.80 of 2024 on the file of District Munsif Court, Gobichettipalayam.

2. The petitioners are aggrieved by the exparte order dated 30.04.2024, 1/4

granting exparte interim injunction. The grievance of the petitioners is that taking advantage of the exparte injunction in her favour, the plaintiff is attempting to cut the grown coconut trees. The revision was entertained and interim stay was also granted on the ground that the order came to be passed on the last working day before the summer vacation starts. Admittedly, the petitioners/defendants have not filed any counter in I.A.No.2 of 2024.

3. In view of the above, the civil revision petition is disposed of with the following directions:- (i) the exparte injunction granted in I.A.No.2 of 2024 in O.S.No.80 of 2024 is restored and the same shall be in force for a period of six weeks from the date of receipt of this order by the trial Court;

(ii) It is made clear that despite obtaining an order of interim injunction, the respondent/plaintiff shall not cut the grown coconut trees pending final decision of I.A.No.2 of 2024;

(iii) the petitioners/defendants shall file their counter I.A.No.2 of 2024 within a period of two weeks from 2/4

the date of receipt of a copy of this order;

and (iv) the trial Court thereafter, shall hear the parties, conduct an enquiry and dispose of I.A.No.2 of 2024 on merits and in accordance with law, within a period of four weeks thereafter.

No costs. Consequently, connected miscellaneous petition is closed. 09.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To The District Munsif Court, Gobichettipalayam, Erode District. P.B.BALAJI.,J.

Sr 3/4

CRP No.2121 of 2024 09.06.2025 4/4