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2014 DIGILAW 3908 (MAD)

Richard James Peter v. J. Arun Joseph

2014-10-17

S.VIMALA

body2014
Judgment 1. The appellant in C.M.A.(MD) No.284 of 2013 and C.M.A.(MD)No.285 of 2013 is the first defend in O.S.No.69 of 2012. 2. The respondents 1 and 2 in both the appeals are the plaintiffs in O.S.No.69 of 2012. The third respondent in C.M.A.(MD)No.284 of 2014 is the second defendant in O.S.No.69 of 2012. 3. The plaintiffs filed the suit for declaration that the sale deed dated 25.10.2012 which was executed by the second defendant in favour of the first defendant is null and void. The plaintiffs have also sought for consequential injunction restraining the defendants from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the property. 4. In the suit, the plaintiffs filed I.A.No.298 of 2012 seeking the relief of interim injunction. The first defendant/appellant herein filed I.A.No.310 of 2012 restraining the plaintiffs from alienating the suit property till the disposal of the suit. 5. Since the properties and the parties were common in both the applications, the Court below has passed a common order dated 30.01.2013 under which the relief of injunction has been allowed and the relief for alienation of property has been dismissed. In other words, I.A.No.298 of 2012 filed by the plaintiffs has been allowed and I.A.No.310 of 2012 filed by the first defendant has been dismissed. Aggrieved over both the orders, the first defendant has preferred these two Civil Miscellaneous Appeals. 6. Heard both sides. 7. The respondents/plaintiffs have filed a memo stating that they will not alienate the suit property till the disposal of the suit without seeking permission of the Court where the suit is pending for trial. The memo is recorded. 8. The learned counsel appearing on both sides are ready to have the final disposal of the suit itself. In view of the readiness and willingness expressed by the learned counsel on both sides, this Court passes the following orders: i) The trial Court shall dispose of the suit within a period of two months from the date of receipt of a copy of this order. ii) Both parties shall not alter the physical features of the suit property till the disposal of the suit. iii) The plaintiffs shall not alienate the property without obtaining prior permission of the Court. 9. Subject to the above conditions, both the Civil Miscellaneous Appeals are disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.