Madras High CourtCMA/1586/2025disposed of

Santha, v. Selvam

2025-06-26Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 14010 OF 2025

1. Santha,

2. Indira,

3. Suja,

4. Gopi,

5. Balu, Mani (Died)

6. Santhi,

7. Sathiya,

8. Venkatesh,

9. Valli, Appellants Vs

1. Selvam 2.Senthilkumar Respondent(s) 1/4

PRAYER:- Civil Miscellaneous Appeal filed under Order 43 Rule 1(R) of Civil Procedure Code, praying to set aside the fair and decreetal order dated 30.04.2025 made in I.A.No.50 of 2025 in O.S.No.5 of 2020 on the file of Additional District Court, Kallakurichi.

For Appellants:

Mr.N. Manoharan For Respondents:

Mr. R.Bharath Kumar For R1 and R2

JUDGMENT

Challenging the impugned fair and decreetal order dated 30.04.2025 passed in I.A.No.50 of 2025 in O.S.No.5 of 2020 by the Addl. District Judge, Kallakurichi, the appellants 1 to 9/respondents 1 to 5, 7 to 9 and 11 have preferred this Civil Miscellaneous Appeal.

2. Before the trial court, the 1 st respondent herein filed a suit seeking for the relief of permanent injunction and other reliefs and also sought for interim injunction in I.A.No.50 of 2025 in O.S.No.5 of 2020. On hearing both sides, the trial judge has granted an order of interim injunction not to make any encumbrance over the suit property and also not to make any further construction in the suit properties till the disposal of suit. Aggrieved over the said order, the appellants 1 to 9 have preferred this Civil Miscellaneous Appeal. 2/4

3. Today, when the matter taken up for hearing, learned counsel for both appellants as well as respondents appeared and submitted that before the trial court, evidence was closed and the suit is riped for arguments.

4. Considering their submissions and the fact that since the suit is riped for arguments, this court is inclined to suspend interim order of injunction passed by the trial court in I.A.No.50 of 2025 in O.S.No.5 of 2020. However, the trial court is directed to dispose the suit within a period of three months from the date of receipt of copy of this judgment. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

26-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. III Addl. District Judge, Kallakurichi.

2. Section Officer, VR Section, Madras High Court. 3/4

T.V.THAMILSELVI J.

rpp AND CMP NO. 14010 OF 2025 26-06-2025 4/4