Madras High CourtCRP(MD)/1599/2016disposed of

Rajaram v. S.Marikannu

2018-09-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD).No.1599 of 2016 Rajaram : Petitioner/Respondent/ Respondent/8th Defendant Vs.

1.S.Marikannu 2.S.Rajammal 3.S.Lakshmi 4.S.Muthusamy : Respondents/Appellants/ Petitioners/Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow this civil revision petition thereby to set aside the fair and decreetal order dated 23.06.2015 made in C.M.A.No.4 of 2014 on the file of the Subordinate Court, Sivakasi reversing the order in I.A.No.155 of 2014 in O.S.No.45 of 2014 on the file of the District Munsif, Sattur and dismiss the I.A.No.154 of 2014 in O.S.No.45 of 2014 on the file of the District Munsif, Sattur.

For Petitioner : Mr.S.Parthasarathy For Respondents : Mr.P.Senthurpandian

ORDER

The eighth defendant in O.S.No.45 of 2014 on the file of the District Munsif Court, Sattur, is the revision petitioner herein. The suit has been laid for nullifying certain documents and for other reliefs. In the said suit, the plaintiffs filed I.A.No.155 of 2014 for restraining the defendant from alienating the property in question and the same was dismissed by the trial Court. Questioning the same, C.M.A.No.4 of 2014 was filed and the same was allowed. Aggrieved over the same, this Civil Revision Petition has been filed.

2.This Court is of the view that the status-quo that obtained as on the date of filing of suit, is not to be altered. It would be prejudicial, if the revision petitioner is allowed to alienate the property in question. Therefore, the Court below was justified in allowing C.M.A.No.4 of 2014. There is no merit in this Civil Revision Petition and the same is dismissed. It is https://hcservices.ecourts.gov.in/hcservices/

made clear that the trial Court shall dispose of the suit uninfluenced by the outcome of this Civil Revision Petition. Since the suit is of the year 2014, the trial Court is directed to dispose of O.S.No.45 of 2014, within a period of six months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Subordinate Judge, Sivakasi.

2. The District Munsif, Sattur.

RMK TE/SKN/SAR-1 : 31/10/2018 : 2P/3C C.R.P.(MD)(PD).No.1599 of 2016 10.09.2018 (2/2) https://hcservices.ecourts.gov.in/hcservices/