K.Kokilamma v. A.Murugan And 2 Others

C.S.No.548 of 2019 T.O.S.No.33 of 2021 and OA No.854 of 2019 ABDUL QUDDHOSE, J.

C.S.No.548 of 2019 has been filed to declare the documents executed by the defendants 1 and 2 as null and void.

2. Pending suit, O.A.No.854 of 2019 has been filed seeking for an interim injunction restraining the respondents, their heirs, their men, agents, executors from in any manner alienating, transferring, conveying or encumbering the petition schedule property till the disposal of the suit.

3. The plaintiff is not having any benefit of interim injunction till date in the suit. Hence, no useful purpose will be served if OA No.854 of 2019 is taken up for consideration at this stage, that too, when the defendants have already filed the written statement and a copy of the same has been served on the learned counsel for the plaintiff.

4. Further, the documents, sought to be declared as null and void, are registered documents and they are of the year 2014. The suit has been filed in the year 2019.

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

sr/rgi

5. For the foregoing reasons, this Court is not inclined to adjudicate OA No.854 of 2019 at this stage, as the issues raised by the applicant/plaintiff is a matter for trial and it cannot be decided in an interlocutory application.

6. In the above terms, O.A.No.854 of 2019 is disposed of. 13.12.2021 1/2 sr/rgi C.S.No.548 of 2019 T.O.S.No.33 of 2021 & OA No.854 of 2019 https://www.mhc.tn.gov.in/judis