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2008 DIGILAW 4676 (MAD)

Kumar v. Sanjay Agarwal & Others

2008-12-16

M.VENUGOPAL

body2008
Judgment :- 1. The Civil revision petitioner/first respondent/first plaintiff has filed this present civil revision petition as against the Judgment dated 18.02.2008 in C.M.A. No. 3 of 2006 passed by the Sub Judge, Hosur in allowing the civil miscellaneous appeal filed by R1 to R4 herein (R7 to R10). Before the trial Court namely the District Munsif Court, Hosur, the revision petitioner/first plaintiff has filed I.A. No. 45 of 2006 praying for the relief of interim injunction under Order 39 Rule 1 of C.P.C. and after contest in the interlocutory application, both the petitioner and the respondents 1 to 6 therein have been ordered to maintain status quo till the disposal of the suit and to avoid multiplicity of proceedings granted stay restraining both the parties from alienating the suit property among themselves or in favour of third parties and resultantly allowed the application without costs. 2. The trial Court while ordering the parties to maintain status quo has inter alia observed that on the strength of the agreement of sale Ex.A1 under part performance of contract, R7 claims to be in possession of the property, etc., 3. Aggrieved against the orders dated 28.04.2006 passed by the trial Court in I.A.No.45 of 2006, the respondents 1 to 4 herein the respondents 7 to 10 in the interlocutory application have preferred C.M.A. No.3 of 2006 as appellants before the Sub Court, Hosur and the appellate authority has allowed the C.M.A inter alia observing that the order of trial court in directing the respondents not to alienate the suit properties to the third parties till the disposal of the suit is not correct and resultantly, set aside the said order and allowed the appeal. Further, the learned Sub Judge has come to the conclusion that the defendants 7 to 10 after obtaining sale deed dated 20.01.2006 from 012. 2006 they have got patta transfer in their name and they are also in possession of the parent documents, old chitta and kist receipts and further they also filed Exs.B6 to B21 and Ex.B23 and have also constructed a godown and hand over the same to one Sivakumar etc., 4. 2006 they have got patta transfer in their name and they are also in possession of the parent documents, old chitta and kist receipts and further they also filed Exs.B6 to B21 and Ex.B23 and have also constructed a godown and hand over the same to one Sivakumar etc., 4. Admittedly, the suit has been filed by the plaintiffs before the trial Court praying for the relief of permanent injunction against the defendants and others restraining them from trespassing into the suit properties and also for the relief of permanent injunction restraining them from alienating the suit properties etc., It is not in dispute that the order passed by the trial Court in regard to the status quo has been set aside by the learned Sub Judge, Hosur and thereby the C.M.A. has been allowed. 5. In view of the fact that the main suit itself in regard to the relief of permanent injunction and since the interim relief prayed for in I.A.No.45 of 2006 also is with regard to the relief of temporary injunction, this Court is of the considered view that the prayer in the main suit and the relief sought for in I.A.No.45 of 2006 are one and the same and since the third defendant has filed his written statement before the trial court, which has been adopted by the defendants 1, 2 and 4 to 6 and further in view of the fact that the written statement filed by D10 has been adopted by the defendants 7 to 9 wherein the plaintiffs claim has been disputed by the defendants, this Court is of the considered view that the parties are at liberty to thrash out all the disputes/controversies in the conduct of the main suit and in that view of the matter, this Court without expressing any opinion disposes of the civil revision petition with a direction to the trial court to dispose of the main suit within a period of three months from the date of receipt of a copy of this order. 6. In the result, the civil revision petition is disposed of directing the trial court to dispose of the main suit within a period of three months from the date of receipt of a copy of this order. 6. In the result, the civil revision petition is disposed of directing the trial court to dispose of the main suit within a period of three months from the date of receipt of a copy of this order. It is open to the parties to let in oral documentary evidences and they are also entitled to raise all factual and legal contentions before the trial court and that the trial court shall provide due opportunities to the parties and the parties are directed to cooperate with the trial in regard to the completion of the proceedings so that the disputes can be given the quietus once and for all. No costs.