Munikrishnan v. Sanjeeviammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.Nos.1097 and 1104 of 2024 Munikrishnan ... Petitioner (in both CRPs) vs.

1.Sanjeeviammal 2.Sanjeevi 3.Krishnayya ... Respondents (in both CRPs) COMMON PRAYER: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the Docket Order dated 24.11.2023 passed in I.A.Nos.03 and 04 of 2020 in O.S.No.21 of 2020 pending on the file of the District Munsiff Court at Tiruttani and reopen the petition. For Petitioner : Mr.D.Ashokkumar (in both CRPs) C O M M O N O R D E R These two Civil Revision Petitions are filed challenging the order dated 24.11.2023 passed by the learned District Munsiff Court, Tiruttani closing I.A.Nos.3 and 4 of 2020 filed by the petitioner seeking interim relief.

2. The petitioner herein filed a suit seeking declaration that Sale Deeds dated 23.05.1989 and 18.04.1994 were null and void and 1/4

unenforceable in so far as 1/6th share of the petitioner/plaintiff in the well situated in Survey No.15/7 (15/7A). The petitioner also sought for permanent injunction restraining the 3rd defendant in the suit from alienating or encumbering the suit property. He also sought for permanent injunction restraining the 3rd defendant from interfering with petitioner's possession and enjoyment of the suit property. The suit was filed in the year 2020. Along with the suit, he also filed two interlocutory applications in I.A.Nos.3 and 4 of 2020 seeking temporary injunction restraining the respondents from alienating the suit property and also restraining them from interfering with the petitioner's possession over the suit property.

3. Though, the said interlocutory applications have been pending right from the year 2020, no interim order has been granted in favour of the petitioner. Ultimately, on 24.11.2023, when the suit was included in the special list for trial, the Trial Court was pleased to close the interlocutory applications with liberty to the petitioner to reopen it in case of change of circumstances. Aggrieved by the said order, the petitioner has come before this Court.

4. The learned counsel appearing for the petitioner would submit that the Trial Court may be directed to consider the applications for temporary 2/4

injunction filed by the petitioner on its own merits. It is seen from the impugned order, the applications for temporary injunction filed by the petitioner in the year 2020 has been kept pending till 2023, without any interim order. The suit is also included in the special list for trial. In these circumstances, the Trial Court closed the interlocutory applications to enable it to proceed with the suit.

5. Having regard to the fact that the interlocutory applications were closed to proceed with the suit and petitioner has not enjoyed any interim order from the year 2020, this Court feels there is nothing to interfere with the impugned order except to direct the District Munsif Court, Tiruttani to dispose of the suit in O.S.No.21 of 2020, as expeditiously as possible.

6. With this direction, the Civil Revision Petitions stand disposed of. No costs. Consequently, the connected civil miscellaneous petitions are closed.

03.02.2026 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The District Munsiff Court, Tiruttani.

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S.SOUNTHAR, J.

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