Civil Revision Petition challenging dismissal of injunction application was dismissed. Trial court found no prima facie case for injunction due to pending suits on same matter. Court directed trial court to dispose of suit within six months.
Civil Revision Petition dismissed; trial court directed to dispose of suit within six months.
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C.R.P.(PD)(MD) No.2352 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.12.2019
CORAM
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(PD)(MD) No.2352 of 2013 and M.P(MD)No.1 of 2013
1.Dr.K.Kamalesh Babu
2.K.Vijayakumar
... Petitioners/Petitioners
-Vs-
1.M.Sajini 2.M.Nelson Babu
... Respondents/Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and Decreetal Order dated 12.07.2013 passed in C.M.A.No.1 of 2011 on the file of Principal Subordinate Judge, Nagercoil, confirming the Fair and Decretal order dated 15.04.2010 passed in I.A.No.168 of 2008 in O.S.No.99 of 2008, on the file of the Principal District Munsif, Nagercoil.
For Petitioners : Mr.B.Vinoth for Mr.R.Subramanian For Respondents : Mr.A.Arumugam
O R D E R
This Civil Revision Petition has been filed challenging the dismissal of application for injunction filed by the plaintiff seeking temporary injunction restraining the defendants from interfering with their possession, from encroaching and trespassing or making any construction in the suit schedule property, pending disposal of the suit.
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C.R.P.(PD)(MD) No.2352 of 2013
plaintiffs have filed the another suit seeking the same relief in O.S.No.446 of 2007 and the same is also pending. Taking into account the pleas and counter pleas, the trial Court came to the conclusion that the plaintiffs have not established the prima facie case for grant of injunction. On the said conclusion, the application was dismissed by the trial Court. Aggrieved, the plaintiff has preferred an appeal in C.M.A.No.1 of 2011, which was also dismissed by the Principal Sub-Court, Nagercoil concurring with the findings of the trial Court. Aggrieved, the plaintiffs have come up this by way of Civil Revision Petition.
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C.R.P.(PD)(MD) No.2352 of 2013
possession and putting up construction and trespassing into the suit schedule property. I therefore, see no merit in the Civil Revision Petition and the Civil Revision Petition is dismissed. However, the trial Court is directed to dispose of the suit, within a period of six months from the date of receipt of a copy of this order without being in any manner influenced by the observation made in this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar (CO)
// True Copy //
/ /2020 Sub Assistant Registrar(CS )
am
To
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2 issues framed by the court
whether a Civil Revision Petition seeking a temporary injunction should be allowed when prior suits on the same matter for the same relief are pending
whether the filing of multiple suits for declaration and injunction constitutes forum shopping and disentitles the plaintiff to the discretionary relief of injunction
Dr. K. Kamalesh Babu
K. Vijayakumar
M. Sajini
M. Nelson Babu
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
