The High Court of Judicature at Madras dismissed a civil revision petition. It held that findings recorded during an interlocutory application stage cannot affect the final disposal of the suit, which depends on oral and documentary evidence.
The civil revision petition is dismissed. The Trial Court is directed to dispose of the suit within three months.
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.
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In the High Court of Judicature at Madras
Dated : 22.1.2015
Coram :
The Honourable Mr.Justice V.RAMASUBRAMANIAN
Civil Revision Petition (PD) No.3495 of 2014 and M.P.No.1 of 2014
K.Rathina ...Petitioner Vs M/s.Yuga Developers, rep.by Mr.R.Suresh ...Respondent
PETITION under Article 227 of The Constitution of India against the final and decretal orders dated 22.4.2014 in C.M.A.No.49 of 2013 on the file
of the Subordinate Court, Poonamallee confirming the final and decretal orders dated 1.8.2013 in I.A.No.678 of 2013 in O.S.No.269 of 2013 on the file of the Principal District Munsif Court, Poonamallee.
For Petitioner : Ms.P.Veena Suresh For Respondent : Mr.S.Rajasekar
ORDER
The civil revision petition arises out of concurrent orders passed by
the Trial Court and the Appellate Court, rejecting a prayer for injunction.
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time of interlocutory application, cannot have a bearing at the time of final disposal of the suit.
dispose of the suit within three months.
22.1.2015
Internet : Yes
To
RS
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V.RAMASUBRAMANIAN,J
RS
CRP(PD)No.3495 of 2014 and M.P.No.1 of 2014
22.1.2015
2 issues framed by the court
Whether the findings recorded during the interlocutory application stage by lower courts can bear upon the final disposal of the suit.
Whether the High Court should interfere with the lower courts' refusal to grant an injunction pending the final disposal of the suit.
K. Rathina
M/s. Yuga Developers
V. Ramasubramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
