The Court disposed of a civil appeal against an order granting ad-interim injunction in a suit regarding disputed title deeds. Without interference with the underlying order, the Court directed the trial Court to complete the trial within four months.
Directed the trial Court to dispose of the suit on merits within four months; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2015
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
C.M.A.No.2062 of 2015
Memorandum of Grounds of Civil Miscellaneous Appeal under Order XLIII, Rule 1(u) of the Civil Procedure Code against the fair and decretal orders dated 7.7.2015 made in I.A.No.352 of 2015 in O.S.No.51 of 2015 on the file of the learned III Additional District Judge at Puducherry.
For Appellants :: Mr.Stalin Abhimanyu For Respondents :: Mr.S.Subbiah for R1 No appearance for R2
JUDGMENT
This appeal is directed against the impugned order dated 7.7.2015 passed in I.A.No.352 of 2015 in O.S.No.51 of 2015 by the learned Third Additional District Judge, Puducherry, in and by which the trial Court came to the conclusion that both the appellants/defendants 1 & 2 and the first respondent/plaintiff had title deeds in favour of them with regard to the suit property, therefore, there is a cloud with regard to the title of the suit property. In this background, learned trial Court, since which title deed is genuine and valid has to be decided only during the trial, allowed the interlocutory application granting ad-interim injunction restraining the appellants/defendants 1 & 2 and their men from doing any further
construction work in the suit property till the disposal of the suit. Hence this appeal.
To
+1cc to Stalin Abhimanue, Advocate sr.63016 +1cc to Mr.S.Subbiah, Advocate sr.62241
C.M.A.No.2062 of 2015
tej[co] srg 28/12/2015
2 issues framed by the court
Whether the trial Court should be directed to dispose of the suit on merits within a specified time limit given the dispute over title deeds.
Whether the interlocutory order granting ad-interim injunction pending trial warrants interference by this Court.
1 provisions across 1 enactments
Coumar S/o Subramania Chettiyar & Ors.
Alamelu & Ors.
T. RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
