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Madras High CourtCRP(MD)/627/2023disposed of

Meenakshi v. Ramar

2023-03-23Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.2914 of 2023 1.Meenakshi 2.Senthilkumar ... Petitioners/Respondents/ Petitioners/Plaintiffs Vs.

1.Ramar 2.Prema 3.Saravanakumar 4.Perumal

...Respondents/Appellants/

Respondents/Defendants PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the judgment and decree made in C.M.A.No.1 of 2022, dated 07.01.20223 passed by the learned Subordinate Judge, Thirumangalam, Madurai District whereby learned Judge set aside the fair and decreetal order in I.A.No.1 of 2020 in O.S.No.197 of 2020, dated 23.04.2022 on the file of the Principal District Munsif, Thirumangalam.

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For Petitioner : Mr.H.Mohammed Imran For M/s.Ajmal Associates For R1 : Mr.J.Barathan

ORDER

The petitioners are the plaintiffs before the District Munsif Court, Thirumangalam in O.S.No.197 of 2022. In the said suit, the petitioner had filed I.A.No.1 of 2020 for an interim injunction to restrain the respondents/defendants from interfering with the peaceful possession of the property.

2. It is the specific case of the petitioner that pending the suit, the respondents have proceeded to put up construction on the strength of a gift deed executed by the respondents 1 and 4 herein in favour of the respondents 2 and 3 herein. It is submitted that the Advocate Commissioner was appointed who gave an interim report on 28.03.2022 and thereafter a final report on 02.04.2022. Thereafter, the trial Court ordered the respondent to maintain status quo as on 23.04.2022. It is submitted that the interim order directing the respondent to maintain status quo was however wrongly interfered with by the Sub Court in C.M.A.No.1 of 2022 vide impugned fair and decretal order, dated 07.01.2023.

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3. It is submitted that the land in question was purchased by the petitioners on 03.09.2001 from one Alagarsamy Reddiar and Chinna Subba Reddiar, which was registered as Document No.962 of 2001 in Survey No.64/11 measuring an extent of 14 cents. It is submitted that the Sub Court wrongly interfered with the order by stating that the petitioner ought to have amended the plaint in respect of the alleged construction put up by the respondents and can only file I.A. for the relief of permanent injunction against the respondent not to put up further construction in the suit property.

4. I have considered the arguments advanced by the learned counsel for the petitioner.

5. The suit is of the year 2020. Much water flown during the pendency of the proceedings before the Trial Court. It appears that the respondents have put up the construction though status quo was ordered, which has been now interfered with by the Sub Court, Thirumangalam vide impugned judgment and decree, dated 07.01.2023 in C.M.A.No.1 of 2022. The facts on record indicate that suit was filed during October 2020. The respondents/defendants have also filed the written statement during the month of November 2022 and the issues have been framed. 3/6

6. Considering the fact the issues have been framed, I am of the view that no useful purpose will be served by interfering with the impugned order passed by the Sub Court, Thirumangalam in C.M.A.No.1 of 2022 on 07.01.2023. Interest of the parties to the dispute will be best served, if the Trial Court proceeds with the trial as expeditiously as possible and comes to a conclusion and decide the issue.

7. Considering the above, the Court is inclined to dispose this civil revision petition by directing the Principal District Munsif Court, Thirumangalam, to expedite the trial in O.S.No.1 of 2020 and pass final judgment and decree as expeditiously as possible preferably within a period of 12 months from the date of receipt of copy of this order. The rights of the party over the construction will also to be decided by the trial Court. No costs. Consequently, connected miscellaneous petitions is closed.

23.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6

To 1.The learned Subordinate Judge, Thirumangalam, Madurai District.

2.The Principal District Munsif Judge, Thirumangalam.

3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.SARAVANAN ,J.

SN 23.03.2023 6/6