Sivaji v. S.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sivaji ... Petitioner Vs.

1. Srinivasan

2. Kalaivani

3. Manimegalai

4. Mangai

5. Deivakumar

6. Suganya

7. M.Sangeetha

8. Rajivgandhi

9. Latha

10. Ramachandran

11. Charles

...Respondents

PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the impugned order dated 24.11.2025 passed in I.A.No.3 of 2025 in O.S.No.126 of 2025 by the learned Subordinate Judge, Vaniyambadi. For Petitioner : Mr.M.R.Radhakrishnan 1/4

ORDER

This Civil Revision Petition is filed, challenging the order passed by the Trial Court, dismissing the application filed by the petitioner, seeking advance hearing of the petition for temporary injunction in I.A.No.1 of 2025 in O.S.No.126 of 2025.

2. The petitioner herein/plaintiff filed a suit for partition in respect of 7 items of the properties, apprehending alienation of the suit properties. Pending suit, he also filed an application in I.A.No.1 of 2025, seeking temporary injunction against the respondents 1 to 3 from alienating the suit properties. The said petition was came up for hearing on 31.10.2025 and got adjourned to 06.01.2026. Thereafter, the first defendant in the suit, sold Item No.1 of the suit properties to third party. Citing the said fact, the petitioner filed the instant application, seeking advance hearing and the same was dismissed by the Trial Court by passing the impugned docket order. Aggrieved by the same, the petitioner has come before this court.

3. Since the first defendant has alienated one of the suit properties, subsequent to his entering appearance, the petitioner herein has made out a case for urgent 2/4

hearing of I.A.No.1 of 2025. The next date of hearing is only on 06.01.2026 and hence, no purpose will be served by issuing notice to the respondent and taken up the civil revision petition on merits. Therefore, without expressing any opinion on merits of the matter, this court is inclined to direct the Trial Court to take I.A.No.1 of 2025 on the next date of hearing on 06.01.2025 for enquiry and dispose of the same, within period of two weeks there from.

4. With the above direction, this civil revision petition is disposed of. There shall be no order as to costs.

12.12.2025 Index : Yes / No Internet : Yes / No MST To The Subordinate Judge, Vaniyambadi 3/4

S.SOUNTHAR , J.

MST 12.12.2025 4/4