Dhanabal v. Abdul Mazid

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.8256 of 2025 Dhanabal

...Petitioner

Vs.

Abdul Mazid

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order passed in I.A.No.2 of 2024 in O.S.No.41 of 2024 on the file of the Principal District Court, Ramanathapuram dated 12.12.2024 and thereby allow the present Civil Revision Petition. For Petitioner : Mr.M.Sridharan 1/5

ORDER

This petition has been filed seeking to quash the order passed in I.A.No.2 of 2024 in O.S.No.41 of 2024, on the file of the Principal District Court, Ramanathapuram dated 12.12.2024.

2.Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with.

3.The petitioner herein is the defendant in O.S.No.41 of 2024, before the trial Court. The respondent herein has filed a suit in O.S.No.41 of 2024, before the Principal District Court, Ramanathapuram. The said suit has been filed for declaration to declare that the suit schedule property belongs to the respondent / plaintiff, for permanent injunction and also to declare the sale deeds dated 20.07.2021 and 08.11.2023 as null and void. However, an ex-parte order has been passed by the trial Court in I.A.No.2 of 2024, granting interim injunction. Challenging the same, the present Civil Revision Petition has been filed. 4.During the course of the arguments, learned Counsel for the petitioner would submit that the petitioner may be permitted to file a set- aside petition 2/5

before the trial Court, seeking to set aside the order passed in I.A.No.2 of 2024 in O.S.No.41 of 2024.

5.In view of the said submission made by the learned counsel for the petitioner, the petitioner is permitted to file a set-aside petition / vacate the interim injunction before the trial Court, within a period of two [2] weeks from the date of receipt of a copy of this order. Upon receipt of the set-aside petition, the trial Court shall pass appropriate orders. 6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

03.06.2025 Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Principal District Court, Ramanathapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI , J.

MR 03.06.2025 5/5