Vellaichamy v. Ponnazhagu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Vellaisamy ... Petitioner /Appellant/ Petitioner/Plaintiff Vs.

1.Ponnazhagu 2.Shanmugam 3.Mamundi Singaram Chettiar (Died) 4.Janagi 5.Rukmani 6.Palaniyappan ... Respondents 1-3 & 5-7/ Respondents 1-3 & Lrs of 4th Respondent/ Defendants 1-3 & Lrs of 4th Defendant PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the impugned fair and decreetal order, dated 06.01.2024 in Civil Miscellaneous Appeal No.2 of 2023 on the file of the learned Subordinate Court, Keeranur against fair and decreetal order, dated 04.09.2010 in I.A.No.265 of 2010 in O.S.No.110 of 2010 on the file of District Munsif Court, Keeranur.

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For Petitioner : Mr.K.Baalasundharam Senior Counsel for M/s.KBS Law Office

ORDER

The present revision petition has been filed by the plaintiff in O.S.No.110 of 2010 on the file of District Munsif Court, Keeranur challenging the concurrent orders of the trial Court as well as the appellate Court in dismissing the interim injunction application.

2. The trial Court as well as the appellate Court have arrived at a concurrent finding that the plaintiff would not be entitled to the benefits of an interim injunction pending suit. Any observation made by this Court is likely to affect the merits of the suit. In such circumstances, without going into the merits of the case and also considering the fact that the suit is of the year 2010, this Court is inclined to direct the trial Court to dispose off the suit on or before 31.12.2024 without being influenced by any one of the observations made by the trial Court or by the appellate Court in the interim injunction application. 2/4

3. With the said observations, this Civil Revision Petition stands disposed of. No costs.

28.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg To 1.The Subordinate Court, Keeranur.

2.The District Munsif Court, Keeranur.

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

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R.

VIJAYAKUMAR ,J.

gbg Order made in 28.06.2024 4/4