Chinnammal Vs Kalavathy

PRAYER : Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 15.12.2022 passed in C.M.A. No. 16 of 2017 on the file of the IV Additional Sub-Court, Tiruchirappalli, reversing the fair and decreetal order dated 26.04.2017 passed in I.A. No. 191 of 2017 in O.S. No. 187 of 2017 on the file of the Principal District Munsif Court, Tiruchirappalli.

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For Petitioners : Ms. R.Priyanka Jothi

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For Respondent : Mr. B.Prahalad Ravi

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https://www.mhc.tn.gov.in/judis

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C.R.P. (MD) No. 964 of 2023

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ORDER

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This Civil Revision Petition invoking Article 227 of the Constitution of India, 1950, has been filed challenging the order dated 15.12.2022 passed in

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C.M.A. No. 16 of 2017 on the file of the IV Additional Sub-Court, Tiruchirappalli, reversing the fair and decreetal order dated 26.04.2017 passed in I.A. No. 191 of 2017 in O.S. No. 187 of 2017 on the file of the Principal District Munsif Court, Tiruchirappalli (hereinafter referred to as the 'Trial Court' for short). The parties are hereinafter referred to as per their description in the suit in O.S. No. 187 of 2017 before the Trial Court for the sake of clarity and convenience.

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2.Heard Ms. R.Priyanka Jothi, Learned Counsel for the Defendants, Mr. B.Prahalad Ravi, Learned Counsel for the Plaintiff and perused the materials placed on record, apart from the pleadings of the parties.

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3.This Court, under Article 227 of the Constitution of India, is not inclined to enter into the factual correctness of the conclusion arrived in the impugned order. However, it is made clear that the suit is of the year 2017 and the suit is ripe for trial. It shall be ensured by the Trial Court that there is atleast two effective hearing in every month showing progress of the case and

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https://www.mhc.tn.gov.in/judis

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C.R.P. (MD) No. 964 of 2023

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quarterly reports in that regard shall be sent to the Registrar (Judicial) of the Court till final orders are passed in the case.

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4.In the result, the Civil Revision Petition is disposed with the clarification that if any fresh application is filed for Temporary Injunction before the Trial Court, the Trial Court shall not be inhibited or influenced by the impugned order and shall also decide the matter afresh on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

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20.01.2026

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Index : Yes/No NCC : Yes/No mm

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Note: (i) If the quarterly report is not received from the Trial Court or it is reported either of the parties are not cooperating to comply with the aforesaid order, the matter shall be listed before the Court.

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To:-

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1.The IV Additional Sub-Court, Tiruchirappalli.

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2.The District Munsif Court, Tiruchirappalli.

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3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis